Colorado Case Commentaries

Colorado Supreme Court Clarifies Jury Instruction Standards in Capital Cases: Rodriguez v. Colorado

Date: Apr 16, 1996

Colorado Supreme Court Clarifies Jury Instruction Standards in Capital Cases: Rodriguez v. Colorado Introduction The case of The People of the State of Colorado, Plaintiff-Appellee/Cross-Appellant,...

Colorado Supreme Court Rules Employment Contract Ambiguous on Term, Permitting Extrinsic Evidence

Date: Apr 16, 1996

Colorado Supreme Court Rules Employment Contract Ambiguous on Term, Permitting Extrinsic Evidence Introduction In the landmark case Ben M. Dorman, Petitioner, v. Petrol Aspen, Inc., decided by the...

Colorado Workers' Compensation: Age Cap on Permanent Total Disability Benefits Declared Unconstitutional

Date: Apr 2, 1996

Colorado Workers' Compensation: Age Cap on Permanent Total Disability Benefits Declared Unconstitutional Introduction The case of Colorado AFL-CIO; Kent Replogle; Stephen P. Cramer; et al. v. d Organ...

Limitation on Equitable Tolling: Colorado Supreme Court in Hartman v. Dean Witter Reynolds, Inc.

Date: Mar 5, 1996

Limitation on Equitable Tolling: Colorado Supreme Court in Hartman v. Dean Witter Reynolds, Inc. Introduction The case of Dean Witter Reynolds, Inc., and Norwest Bank Colorado Springs, N.A., f/k/a...

Admissibility of Physician's Reports and Intoxication Determination in Workers' Compensation: A Comprehensive Analysis of Ackerman v. Hilton's Mechanical Men

Date: Feb 23, 1996

Admissibility of Physician's Reports and Intoxication Determination in Workers' Compensation: A Comprehensive Analysis of Ackerman v. Hilton's Mechanical Men Introduction Ackerman v. Hilton's...

Disbarment of Attorney Varallo: Establishing Precedent for Knowing Conversion of Client Funds

Date: Feb 13, 1996

Disbarment of Attorney Varallo: Establishing Precedent for Knowing Conversion of Client Funds Introduction The Supreme Court of Colorado, in the case of The People of the State of Colorado v. Michael...

Conditional Promises and the Preclusion of Promissory Estoppel: Nelson v. Elway

Date: Dec 12, 1995

Conditional Promises and the Preclusion of Promissory Estoppel: Nelson v. Elway Introduction Nelson v. Elway, decided by the Supreme Court of Colorado en banc in 1995, centers on a dispute between...

Implied Covenant of Good Faith and Fair Dealing in Franchise Agreements: Amoco Oil Co. v. Ervin

Date: Dec 5, 1995

Implied Covenant of Good Faith and Fair Dealing in Franchise Agreements: Amoco Oil Company v. Ervin Introduction In the landmark case Amoco Oil Company v. Dale A. Ervin et al., the Supreme Court of...

Expansion of Uninsured/Underinsured Motorist Coverage: Aetna Casualty Surety Co. v. Phillip McMichael

Date: Oct 31, 1995

Expansion of Uninsured/Underinsured Motorist Coverage: Aetna Casualty Surety Co. v. Phillip McMichael Introduction Aetna Casualty Surety Company v. Phillip McMichael (906 P.2d 92) is a pivotal case...

Clear and Convincing Evidence Standard for IME Ratings in Workers' Compensation: Analysis of Metro Mo v. NG Storage Co.

Date: Aug 4, 1995

Clear and Convincing Evidence Standard for IME Ratings in Workers' Compensation: Analysis of Metro Mo v. NG Storage Co. Introduction Metro Moving Storage Co. and the Colorado Compensation Insurance...

Termination for Fault Does Not Automatically Bar Temporary Total Disability Benefits Under Colorado Workers' Compensation Act

Date: Jun 27, 1995

Termination for Fault Does Not Automatically Bar Temporary Total Disability Benefits Under Colorado Workers' Compensation Act Introduction In the landmark case of PDM Molding, Inc. and Colorado...

Horton v. Colorado Compensation Insurance Authority: Redefining Permanent Disability Benefits Under the Minors' Statute

Date: Jun 27, 1995

Horton v. Colorado Compensation Insurance Authority: Redefining Permanent Disability Benefits Under the Minors' Statute Introduction In the landmark case of Golden Animal Hospital and Colorado...

Limits on Administrative Modification of Decreed Instream Flow Rights: Aspen Wilderness Workshop v. Colorado Water Conservation Board

Date: Jun 20, 1995

Limits on Administrative Modification of Decreed Instream Flow Rights: Aspen Wilderness Workshop, Inc. v. Colorado Water Conservation Board Introduction The case of Aspen Wilderness Workshop, Inc. v....

Inherent Authority of ALJs in Workers' Compensation: Analysis of Lewis v. Scientific Supply Co.

Date: May 19, 1995

Inherent Authority of ALJs in Workers' Compensation: Analysis of Lewis v. Scientific Supply Co. Introduction The case of Robert W. Lewis v. Scientific Supply Co., Inc. addressed a critical issue...

Predominant Cause Standard in Accidental Death Insurance: Carroll v. CUNA Mutual Insurance Society

Date: Apr 25, 1995

Predominant Cause Standard in Accidental Death Insurance: Carroll v. CUNA Mutual Insurance Society Introduction Carroll v. CUNA Mutual Insurance Society (894 P.2d 746), adjudicated by the Supreme...

Redefining "Emergency" in Sovereign Immunity Claims: Insights from FOGG v. MACALUSO

Date: Mar 7, 1995

Redefining "Emergency" in Sovereign Immunity Claims: Insights from FOGG v. MACALUSO Introduction The case of John K. Fogg, II v. Mario R. Macaluso and The County of Pueblo presents a pivotal moment...

Establishing Attorney Liability for Negligent Misrepresentation in Municipal Bond Transactions: Analysis of Mehaffy v. Central Bank Denver

Date: Jan 31, 1995

Establishing Attorney Liability for Negligent Misrepresentation in Municipal Bond Transactions: Analysis of Mehaffy v. Central Bank Denver Introduction The case of Mehaffy, Rider, Windholz Wilson;...

Colorado Supreme Court Establishes Non-Obligation for Overriding Royalty Owners to Bear Post-Production Costs

Date: Dec 6, 1994

Colorado Supreme Court Establishes Non-Obligation for Overriding Royalty Owners to Bear Post-Production Costs Introduction In the landmark case of James P. Garman, Robert D. Garman, and Mark Bruce...

Admissibility of Res Gestae Evidence in Murder Trials: Insights from People v. Quintana

Date: Oct 18, 1994

Admissibility of Res Gestae Evidence in Murder Trials: Insights from People v. Quintana 1. Introduction People of the State of Colorado v. Anthony J. Quintana, Jr. is a landmark case adjudicated by...

Culpepper v. Pearl Street Building, Inc.: Establishing Limits on Emotional Distress Claims in Wrongful Cremation Cases

Date: Jul 12, 1994

Culpepper v. Pearl Street Building, Inc.: Establishing Limits on Emotional Distress Claims in Wrongful Cremation Cases Introduction Culpepper v. Pearl Street Building, Inc. is a landmark case...