Colorado Case Commentaries

Independent Accrual of Bad Faith Tort Claims and Absence of Fiduciary Duty in Workers' Compensation Cases: Brodeur v. American Home Assurance

Date: Oct 10, 2007

Independent Accrual of Bad Faith Tort Claims and Absence of Fiduciary Duty in Workers' Compensation Cases: Brodeur v. American Home Assurance Introduction In the landmark case Mary Brodeur v....

Colorado Supreme Court Upholds Most Significant Relationship Test for Prejudgment Interest in Tort Cases

Date: Oct 2, 2007

Colorado Supreme Court Upholds Most Significant Relationship Test for Prejudgment Interest in Tort Cases Introduction In the landmark case of AE, Inc. v. Goodyear Tire Rubber Company, the Supreme...

Reaffirmation of "Substantial Step" in Criminal Attempt: Insights from PEOPLE v. LEHNERT

Date: Aug 14, 2007

Reaffirmation of "Substantial Step" in Criminal Attempt: Insights from PEOPLE v. LEHNERT Introduction PEOPLE v. LEHNERT, 163 P.3d 1111 (Colo. 2007), is a landmark decision by the Supreme Court of...

Effective Assistance of Counsel in Capital Cases: Comprehensive Analysis of Dunlap v. People of Colorado

Date: Jul 3, 2007

Effective Assistance of Counsel in Capital Cases: Comprehensive Analysis of Dunlap v. People of Colorado Introduction Dunlap v. People of Colorado is a landmark case adjudicated by the Supreme Court...

Lis Pendens Not Exempt from Favorable Termination Requirement in Colorado Malicious Prosecution Claims

Date: Mar 20, 2007

Lis Pendens Not Exempt from Favorable Termination Requirement in Colorado Malicious Prosecution Claims Introduction The Supreme Court of Colorado, in HEWITT v. RICE, 154 P.3d 408 (2007), addressed...

Coverage of Subsequent Homeowners under CGL Insurance: Insights from Hoang v. Monterra Homes

Date: Mar 6, 2007

Coverage of Subsequent Homeowners under Commercial General Liability Insurance: Insights from Hoang v. Monterra Homes Introduction The case of HOANG v. MONTERRA HOMES (POWDERHORN) LLC et al. (149...

Good Cause Exception under Colorado's Express Consent Law: Insights from Turbyne v. The People

Date: Feb 6, 2007

Good Cause Exception under Colorado's Express Consent Law: Insights from Turbyne v. The People Introduction Turbyne v. The People of the State of Colorado, 151 P.3d 563, adjudicated on February 5,...

Colorado Supreme Court Limits "Ordinary and Necessary Expenses" Excludes Overhead in Teacher Resignation Damages

Date: Apr 4, 2006

Colorado Supreme Court Limits "Ordinary and Necessary Expenses" Excludes Overhead in Teacher Resignation Damages Introduction In the case of Mary Klinger v. Adams County School District No. 50, the...

PEOPLE v. VIGIL: Clarification on Testimonial Hearsay and Confrontation Clauses

Date: Feb 14, 2006

PEOPLE v. VIGIL: Clarification on Testimonial Hearsay and Confrontation Clauses Introduction In The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, v. Joe Vigil,...

People v. Domingo-Gomez: Standards for Prosecutorial Conduct in Closing Arguments

Date: Jan 10, 2006

People v. Domingo-Gomez: Standards for Prosecutorial Conduct in Closing Arguments Introduction People v. Victor Hugo Domingo-Gomez is a pivotal case adjudicated by the Supreme Court of Colorado in...

Colorado Supreme Court Holds Attorneys Liable Under CCPA for Deceptive Advertising

Date: Jan 10, 2006

Colorado Supreme Court Holds Attorneys Liable Under CCPA for Deceptive Advertising Introduction The Colorado Supreme Court's decision in Richard E. Crowe v. Marc B. Tull and Franklin D. Azar...

Supreme Court of Colorado Establishes Strict Protocol for Resolving Personal Jurisdiction in 12(b)(2) Motions

Date: Dec 20, 2005

Supreme Court of Colorado Establishes Strict Protocol for Resolving Personal Jurisdiction in 12(b)(2) Motions Introduction In the landmark case of Archangel Diamond Corporation v. Lukoil and...

Colorado Supreme Court Clarifies 'Significant Disruption' and Upholds Obstruction of Peace Officer in Dempsey Case

Date: Aug 23, 2005

Colorado Supreme Court Clarifies 'Significant Disruption' and Upholds Obstruction of Peace Officer in Dempsey Case Introduction The Colorado Supreme Court's decision in Matthew Charles Dempsey v. The...

Plain Error Application to Unpreserved Constitutional Errors in Jury Instructions: People v. Miller

Date: Jun 28, 2005

Plain Error Application to Unpreserved Constitutional Errors in Jury Instructions: People v. Miller Introduction People v. Miller is a significant case adjudicated by the Supreme Court of Colorado in...

Colorado Upholds Constitutionality of Aggravated Sentencing under Section 18-1.3-401(6)

Date: Jun 28, 2005

Colorado Upholds Constitutionality of Aggravated Sentencing under Section 18-1.3-401(6) Introduction The case of Robert A. Lopez v. The People of the State of Colorado (113 P.3d 713, 2005) addressed...

Subcontractors' Independent Duty of Care in Construction Negligence Claims: Overriding the Economic Loss Rule

Date: Jun 28, 2005

Subcontractors' Independent Duty of Care in Construction Negligence Claims: Overriding the Economic Loss Rule Introduction The case of Yacht Club II Homeowners Association, Inc. v. A.C. Excavating,...

Coors v. Security Life: Defining Public Impact in CCPA and Enforcing Termination Penalties

Date: May 24, 2005

Coors v. Security Life: Defining Public Impact in CCPA and Enforcing Termination Penalties Introduction COORS v. SECURITY LIFE OF DENVER Insurance Co. is a landmark decision by the Supreme Court of...

Affirmation of Contractually Restricted Water Delivery Rights in Mutual Ditch Companies

Date: Apr 26, 2005

Affirmation of Contractually Restricted Water Delivery Rights in Mutual Ditch Companies Introduction The case of East Ridge of Fort Collins, LLC v. The Larimer and Weld Irrigation Company (2005)...

Res Judicata Upholds Claim Preclusion Against Statutory Reformation Claims in Colorado

Date: Mar 29, 2005

Res Judicata Upholds Claim Preclusion Against Statutory Reformation Claims in Colorado Introduction In Argus Real Estate, Inc. v. E-470 Public Highway Authority, the Supreme Court of Colorado...

Establishing Clear Separation of Authority in RICD Adjudications under SB 216

Date: Mar 15, 2005

Establishing Clear Separation of Authority in RICD Adjudications under SB 216 Introduction The Colorado Supreme Court case, Upper Gunnison River Water Conservancy District v. Colorado Water...