Colorado Case Commentaries

Colorado Supreme Court Rules Postconviction Relief Not Required to File Legal Malpractice Claims Against Criminal Defense Attorneys

Date: Mar 1, 2005

Colorado Supreme Court Rules Postconviction Relief Not Required to File Legal Malpractice Claims Against Criminal Defense Attorneys Introduction In re Geoffrey RANTZ, Plaintiff, v. Ann P. KAUFMAN and...

Double Jeopardy Implications for Multiple Convictions under Sexual Assault Statutes: The PEOPLE v. WOELLHAF Decision

Date: Jan 19, 2005

Double Jeopardy Implications for Multiple Convictions under Sexual Assault Statutes: The PEOPLE v. WOELLHAF Decision Introduction The case of Warren Woellhaf v. The People of the State of Colorado...

Ownership Determines PIP Coverage: Colorado Supreme Court Sets Precedent on Insurance Good Faith Claims

Date: Dec 7, 2004

Ownership Determines PIP Coverage: Colorado Supreme Court Sets Precedent on Insurance Good Faith Claims Introduction In American Family Mutual Insurance Company v. Cynthia M. Allen and Leland...

Colorado Supreme Court Clarifies Temporary Total Disability Benefits under Section 8-42-105(4)

Date: Dec 7, 2004

Colorado Supreme Court Clarifies Temporary Total Disability Benefits under Section 8-42-105(4) Introduction The Colorado Supreme Court, in the landmark case Andrew Anderson and Industrial Claim...

Colorado Supreme Court Abrogates Common Law Open and Obvious Danger Doctrine in Premises Liability Cases

Date: Dec 1, 2004

Colorado Supreme Court Abrogates Common Law Open and Obvious Danger Doctrine in Premises Liability Cases Introduction In the landmark case of James P. Vigil, as Conservator for James R. Vigil,...

Supreme Court of Colorado Reaffirms Economic Loss Rule in Interrelated Construction Contracts

Date: Oct 5, 2004

Supreme Court of Colorado Reaffirms Economic Loss Rule in Interrelated Construction Contracts Introduction The case of BRW, Inc., and Professional Service Industries, Inc. v. Dufficy Sons, Inc....

Qualified Pollution Exclusion Clauses and Unexpected Contaminant Migration: Insights from COTTER CORP. v. AMERICAN EMPIRE SURplus Lines Insurance Companies

Date: Jun 8, 2004

Qualified Pollution Exclusion Clauses and Unexpected Contaminant Migration: Insights from COTTER CORP. v. AMERICAN EMPIRE SURplus Lines Insurance Companies Introduction Cotter Corporation v. American...

Resolving Statutory Conflicts in Vehicular Homicide Sentencing: The Frazier v. People Decision

Date: Jun 8, 2004

Resolving Statutory Conflicts in Vehicular Homicide Sentencing: The Frazier v. People Decision Introduction The case of Scott Alan Frazier v. The People of the State of Colorado, decided by the...

Supreme Court of Colorado Rules on First Amendment Protections in Tortious Interference Cases

Date: May 25, 2004

Supreme Court of Colorado Rules on First Amendment Protections in Tortious Interference Cases Introduction In Erik Krystkowiak v. W.O. Brisben Companies, Inc. (90 P.3d 859), the Supreme Court of...

AINSCOUGH v. OWENS: Colorado Supreme Court Affirms Broad Standing for State Employees and Associations

Date: May 25, 2004

AINSCOUGH v. OWENS: Colorado Supreme Court Affirms Broad Standing for State Employees and Associations Introduction The case of AINSCOUGH v. OWENS, decided by the Supreme Court of Colorado en banc on...

Reversing Disbarment: The Suspension of Attorney Mark Joseph Fischer

Date: May 11, 2004

Reversing Disbarment: The Suspension of Attorney Mark Joseph Fischer Introduction The case of Mark Joseph Fischer, addressed by the Supreme Court of Colorado on May 10, 2004, serves as a pivotal...

Goodson v. American Standard Insurance Co.: Expanding the Scope of Emotional Distress Damages in Bad Faith Insurance Claims

Date: May 4, 2004

Goodson v. American Standard Insurance Co.: Expanding the Scope of Emotional Distress Damages in Bad Faith Insurance Claims Introduction Goodson v. American Standard Insurance Company of Wisconsin is...

Colorado Supreme Court Revises Standards for Mental Impairment in Workers’ Compensation Claims

Date: Mar 15, 2004

Colorado Supreme Court Revises Standards for Mental Impairment in Workers’ Compensation Claims Introduction In the landmark cases of Lana Lea Davison v. Industrial Claim Appeals Office and Cheryl...

Legal Interpretation of Insurance Claims and Exclusion Provisions Established in Thompson v. Maryland Casualty Co.

Date: Feb 10, 2004

Legal Interpretation of Insurance Claims and Exclusion Provisions Established in Thompson v. Maryland Casualty Co. Introduction Thompson v. Maryland Casualty Company, 84 P.3d 496 (Colorado Supreme...

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...