Colorado Case Commentaries

Express Contracts Supersede Unjust Enrichment Claims: Insights from Interbank Investments v. Eagle River

Date: Oct 7, 2003

Express Contracts Supersede Unjust Enrichment Claims: Insights from Interbank Investments v. Eagle River Water and Sanitation District Introduction The case of Interbank Investments, LLC v. Eagle...

Broadening Indemnification Obligations: Insights from Cyprus Amax Minerals Co. v. Lexington Ins. Co.

Date: Aug 19, 2003

Broadening Indemnification Obligations: Insights from Cyprus Amax Minerals Co. v. Lexington Ins. Co. Introduction In the landmark case of Cyprus Amax Minerals Company v. Lexington Insurance Company,...

Unenforceability of Arbitration Clauses in Wrongful Death Claims under Colorado HCAA

Date: Jul 1, 2003

Unenforceability of Arbitration Clauses in Wrongful Death Claims under Colorado HCAA Introduction The case of Lawrence S. Allen, M.D.; Michael K. Miller, M.D.; Timothy R. Collins, M.D.; and Colorado...

Colorado Supreme Court Clarifies Standards for Voluntary Underemployment in Child Support Cases

Date: Jun 3, 2003

Colorado Supreme Court Clarifies Standards for Voluntary Underemployment in Child Support Cases Introduction In the landmark case of The People of the State of Colorado: In re the Interest of:...

Cary v. United of Omaha: Recognizing a Special Relationship Duty of Good Faith for Third-Party Insurance Administrators

Date: May 20, 2003

Cary v. United of Omaha: Recognizing a Special Relationship Duty of Good Faith for Third-Party Insurance Administrators Introduction In CARY v. UNITED OF OMAHA LIFE INSurance Company, the Supreme...

Ardolino v. People of Colorado: Mandating Evidentiary Hearings for Ineffective Assistance of Counsel Claims

Date: May 13, 2003

Ardolino v. People of Colorado: Mandating Evidentiary Hearings for Ineffective Assistance of Counsel Claims Introduction Ardolino v. People of Colorado, 69 P.3d 73 (Colo. 2003), addressed the...

Recalibrating Attorney Sanctions: Suspension Applied in the Absence of Specific Intent – In the Matter of Karen J. Roose

Date: May 13, 2003

Recalibrating Attorney Sanctions: Suspension Applied in the Absence of Specific Intent – In the Matter of Karen J. Roose Introduction The case of In the Matter of Karen J. Roose (69 P.3d 43)...

Rhino Linings USA v. Rocky Mountain Rhino Lining: Clarifying CCPA Requirements for Deceptive Trade Practices

Date: Feb 4, 2003

Rhino Linings USA v. Rocky Mountain Rhino Lining: Clarifying CCPA Requirements for Deceptive Trade Practices Introduction The case of Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.,...

PEOPLE v. LUTHER: Defining the Scope of Mandatory Parole and Continuous Sentencing in Colorado Law

Date: Dec 17, 2002

PEOPLE v. LUTHER: Defining the Scope of Mandatory Parole and Continuous Sentencing in Colorado Law Introduction The case of People of the State of Colorado v. Mark Lowe Luther, decided by the Supreme...

Interpretation of "Responsible" in Termination Statutes: Implications for Temporary Total Disability Benefits

Date: Nov 26, 2002

Interpretation of "Responsible" in Termination Statutes: Implications for Temporary Total Disability Benefits Introduction The case of Colorado Springs Disposal d/b/a Bestway Disposal; and Colorado...

Distinguishing Second Degree Assault and Vehicular Assault Under Equal Protection: Insights from People v. Stewart (2002)

Date: Oct 16, 2002

Distinguishing Second Degree Assault and Vehicular Assault Under Equal Protection: Insights from People v. Stewart (2002) Introduction In the landmark case The People of the State of Colorado v....

Retroactive Revocation of Life Insurance Beneficiary Designation Upon Divorce: Hill v. DeWitt and Fasi v. Becker

Date: Oct 8, 2002

Retroactive Revocation of Life Insurance Beneficiary Designation Upon Divorce: Hill v. DeWitt and Fasi v. Becker Introduction The landmark decisions in Hill v. DeWitt and Fasi v. Becker addressed the...

HealthONE v. Rodriguez: Affirming Duty of Care for Non-Patients and Upholding the Health Care Availability Act's Incapacitated Person Provision

Date: Aug 6, 2002

HealthONE v. Rodriguez: Affirming Duty of Care for Non-Patients and Upholding the Health Care Availability Act's Incapacitated Person Provision Introduction The HealthONE d/b/a Aurora Presbyterian...

Affirming Video Teleconferencing in Workers' Compensation Hearings: Kroupa v. Industrial Claim Appeals Office

Date: Jul 19, 2002

Affirming Video Teleconferencing in Workers' Compensation Hearings Kroupa v. Industrial Claim Appeals Office of Colorado, 53 P.3d 1192 (2002) Introduction In the landmark case of Phyllis Kroupa v....

Colorado Supreme Court Establishes Strict Compliance with the American Rule in Allstate v. Huizar

Date: Jun 11, 2002

Colorado Supreme Court Establishes Strict Compliance with the American Rule in Allstate v. Huizar Introduction The case of Allstate Insurance Company v. Gloria Huizar, 52 P.3d 816 (Colo. 2002),...

De Novo Appellate Review of Miranda Custody Determinations Established in People v. Matheny

Date: May 21, 2002

De Novo Appellate Review of Miranda Custody Determinations Established in People v. Matheny Introduction Case: The People of the State of Colorado v. Jonathan Edward Matheny, 46 P.3d 453 (Supreme...

Admissibility of Uncharged Prior Misconduct under CRE 404(b): People v. Rath

Date: Apr 30, 2002

Admissibility of Uncharged Prior Misconduct under CRE 404(b): People v. Rath Introduction People of the State of Colorado v. Russell S. Rath, 44 P.3d 1033 (2002), is a landmark decision by the...

Bernal v. People of Colorado: Reinforcing Standards for Out-of-Court Identification and Hearsay Statements

Date: Apr 23, 2002

Bernal v. People of Colorado: Reinforcing Standards for Out-of-Court Identification and Hearsay Statements Introduction The case Jesse Bernal v. The People of the State of Colorado, 44 P.3d 184,...

Presumptive Effect of DIME in Reopening Workers' Compensation Claims: Insights from Ronnie L. Cordova v. Industrial Claim Appeals Office

Date: Mar 1, 2002

Presumptive Effect of DIME in Reopening Workers' Compensation Claims: Insights from Ronnie L. Cordova v. Industrial Claim Appeals Office Introduction The case of Ronnie L. Cordova v. Industrial Claim...

CGIA Clarified: Maintenance vs. Design Obligations of the State on Public Highways

Date: Nov 28, 2001

CGIA Clarified: Maintenance vs. Design Obligations of the State on Public Highways Introduction The case of Jerry Medina; Mary Medina; and Terri Hawkins v. State of Colorado serves as a pivotal...

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Colorado Case Commentaries

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