Colorado Case Commentaries

Prospective Enforcement of Colorado UIM Statutes and Prejudgment Interest Limits Established in Vaccaro v. American Family Insurance Group

Date: Mar 16, 2012

Prospective Enforcement of Colorado UIM Statutes and Prejudgment Interest Limits Established in Vaccaro v. American Family Insurance Group Introduction Vaccaro v. American Family Insurance Group, 275...

Governor Ritter’s Personal Cell Phone Bills Not Public Records: Colorado Supreme Court Upholds CORA Interpretation

Date: Jun 21, 2011

Governor Ritter’s Personal Cell Phone Bills Not Public Records: Colorado Supreme Court Upholds CORA Interpretation Introduction In the landmark case Denver Post Corporation v. Ritter, the Supreme...

Affirmation of Jury Instruction CJI-Civ. 15:4 in Colorado Medical Malpractice Law

Date: Jun 1, 2011

Affirmation of Jury Instruction CJI-Civ. 15:4 in Colorado Medical Malpractice Law Introduction In the landmark case of Richard C. DAY and Loretta Jean Day v. Bruce JOHNSON, M.D., the Supreme Court of...

Supreme Court of Colorado Upholds Criminal-Acts Exclusion in Excess-Insurance Policy

Date: May 17, 2011

Supreme Court of Colorado Upholds Criminal-Acts Exclusion in Excess-Insurance Policy Introduction In the case of Julie Bailey, Individually, and as Personal Representative for the Estate of Brandon...

Nunn v. Mid-Century Insurance Company: Establishing Damages in Bad Faith Insurance Claims

Date: Jan 11, 2011

Nunn v. Mid-Century Insurance Company: Establishing Damages in Bad Faith Insurance Claims Introduction The Supreme Court of Colorado's decision in Nicole Nunn, Petitioner v. Mid-Century Insurance...

Discretionary Authority of the Board of Assessment Appeals in Awarding Costs: Insights from Gerganoff v. Jefferson County Board of Equalization

Date: Dec 1, 2010

Discretionary Authority of the Board of Assessment Appeals in Awarding Costs: Insights from Gerganoff v. Jefferson County Board of Equalization Introduction In the landmark case of Jefferson County...

Categorical Prohibition of Prosecutorial Use of "Lie" Established in Wend v. People

Date: Aug 17, 2010

Categorical Prohibition of Prosecutorial Use of "Lie" Established in Wend v. People Introduction The case of Jennifer Lee-Renee Wend v. The People of the State of Colorado, decided by the Supreme...

Arbitration Clause Incorporation in Excess Insurance Policies and Jurisdiction over Litigation-Based Waivers: A Comprehensive Analysis of In re Jennifer Radil

Date: Jun 29, 2010

Arbitration Clause Incorporation in Excess Insurance Policies and Jurisdiction over Litigation-Based Waivers: A Comprehensive Analysis of In re Jennifer Radil Introduction In In re Jennifer Radil,...

Clark v. The People of Colorado: Affirmation of the Bennett Test for DNA Evidence Sufficiency

Date: Jun 29, 2010

Clark v. The People of Colorado: Affirmation of the Bennett Test for DNA Evidence Sufficiency Introduction Clark v. The People of Colorado (232 P.3d 1287) is a landmark decision by the Supreme Court...

Accrual of Personal Injury Claims under CDARA: Insights from SMITH v. EXECUTIVE CUSTOM HOMES, Inc.

Date: May 11, 2010

Accrual of Personal Injury Claims under CDARA: Insights from SMITH v. EXECUTIVE CUSTOM HOMES, Inc. Introduction In the landmark case SMITH v. EXECUTIVE CUSTOM HOMES, Inc. (230 P.3d 1186), the Supreme...

Admissibility of Prior Act Evidence Requires Independence from Bad Character Inference: Yusem v. The People of Colorado

Date: Jun 23, 2009

Admissibility of Prior Act Evidence Requires Independence from Bad Character Inference Ryan Yusem v. The People of the State of Colorado, Supreme Court of Colorado, 2009 Introduction In Ryan Yusem v....

Clarifying Business Competition Privilege and Wrongful Means in Tortious Interference: Harris Group, Inc. v. Robinson et al.

Date: May 15, 2009

Clarifying Business Competition Privilege and Wrongful Means in Tortious Interference: Harris Group, Inc. v. Robinson et al. Introduction Harris Group, Inc. v. Robinson et al. is a pivotal 2009...

Colorado Supreme Court Limits Waiver of Subrogation to Contractual Work in AIA Contracts

Date: Mar 17, 2009

Colorado Supreme Court Limits Waiver of Subrogation to Contractual Work in AIA Contracts Introduction The case of Copper Mountain, Inc. v. Industrial Systems, Inc.; and Amako Resort Construction...

Colorado Supreme Court Upholds Probationary Suspension in Rosen Case: Standards for Attorney Misconduct Sanctions

Date: Dec 16, 2008

Colorado Supreme Court Upholds Probationary Suspension in Rosen Case: Standards for Attorney Misconduct Sanctions Introduction The case In the Matter of Daniel R. Rosen (198 P.3d 116) adjudicated by...

Proper Allocation of Balancing Responsibilities in CCJRA Records Inspection Requests

Date: Nov 11, 2008

Proper Allocation of Balancing Responsibilities in CCJRA Records Inspection Requests Introduction In the landmark case In re FREEDOM COLORADO INFORMATION, INC. et al. v. EL PASO COUNTY SHERIFF'S...

Mutual Purpose in Unjust Enrichment: Cassandra Lewis v. Frank and Lucy Lewis

Date: Aug 19, 2008

Mutual Purpose in Unjust Enrichment: Cassandra Lewis v. Frank and Lucy Lewis Introduction Cassandra Lewis filed a lawsuit against her ex-in-laws, Frank and Lucy Lewis, alleging unjust enrichment...

Constructive Knowledge and Premises Liability: Insights from LOMBARD v. COLORADO Outdoor Education Center

Date: Jul 1, 2008

Constructive Knowledge and Premises Liability: Insights from LOMBARD v. COLORADO Outdoor Education Center Introduction In the landmark case of Turene Lombard and Pueblo School District #60 v....

Colorado Supreme Court Establishes Limits on CGIA and Attorney Fees in Contractual Claims

Date: Mar 25, 2008

Colorado Supreme Court Establishes Limits on CGIA and Attorney Fees in Contractual Claims Introduction In the landmark case La v. nne ROBINSON, the Colorado Supreme Court addressed pivotal issues...

Limits on Compensatory Damages in Skiing-Related Wrongful Death Claims under the Ski Safety Act

Date: Dec 18, 2007

Limits on Compensatory Damages in Skiing-Related Wrongful Death Claims under the Ski Safety Act Introduction The case of In re Aaron Stamp and Kelly Stamp v. The Vail Corporation et al. presents a...

Colorado Supreme Court Establishes Lab Reports as Testimonial Under Crawford

Date: Nov 6, 2007

Colorado Supreme Court Establishes Lab Reports as Testimonial Under CRAWFORD v. WASHINGTON Introduction The case of Oscar Hinojos-Mendoza v. The People of the State of Colorado addresses the...