CORONA VIRUS RELATED ISSUES
Many construction companies are critical businesses and thus exempt from current public health and executive orders. However, there are provisions that even exempt construction companies must comply...
View ArticleSupreme Court disqualifies Levy Law firm
Julia Morgenthau recently briefed an important case in the Colorado Supreme Court on behalf of the state’s defense lawyers. The Supreme Court agreed with Julia and Owner’s Insurance Company counsel...
View ArticleStop Defeating Your Own Statute of Limitations Defense
We all know every construction project is built perfectly and owners never have a complaint after the last nail is hammered (read with heavy sarcasm). In the event a construction defect is alleged...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Tenth Circuit Court of Appeals Jody Blatchley v. St. Anthony Summit Medical Center– Courtremands due to error in denying designation of non-party after settlement – No. 18-1231 (10th Cir. 8/17/20)....
View ArticleCOVID-19 AND BUSINESS INTERRUPTION CLAIMS
As the impact of COVID on businesses becomes increasingly dire, business owners are making claims under their commercial insurance policies for their heavy financial losses suffered. Companies are...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Court of Appeals Suydam v LFI Fort Pierce — “Going and coming” rule was discussed; realignment of parties during trial – (CA 10/08/20). The Court of Appeals analyzed the scope of the...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Court of Appeals Redden v. Clear Creek Skiing Corporation — Court of Appeals enforces exculpatory agreement by ski resort – 2020COA176 (CA 12/24/20). Redden was hurt as she attempted to exit...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Supreme Court People v. Garcia— Process service document can be admitted without evidentiary foundation as it is not testimonial – 2021 CO 7 (2/1/21). Michael Garcia was convicted of violating...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Court of Appeals Mitchell v. Xu – Court of Appeals holds statutory offer includes actual costs incurred predating the offer – 2021 COA 39 (03/11/21). Defendant made two pretrial statutory...
View ArticlePRE-PAID LEGAL SERVICES
Prepaid legal plans are offered by several different companies and marketed through employers, unions, credit card companies, and hawked on television. They are touted as a type of “insurance” to...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Supreme Court People v. Cooper – Court gives guidelines to try and provide limits on expert testimony – 2021 CO 69 (9/27/21). The Supreme Court tries to clarify the mess created by earlier...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Supreme Court LHM Corp. v. Martinez– Finality of Judgment and appeal – 2021CO78 (12/13/21). The supreme court considers whether a judgment is final for purposes of appeal when the district...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Supreme Court Maphis v. City of Boulder-2022CO10 (2/22/22). The Supreme Court was asked to address the legal question of whether a sidewalk deviation constituted a “dangerous condition” under...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Supreme Court Skillett v. Allstate Fire and Casualty Insurance Co. – Supreme Court holds adjusters not liable under statutory bad faith act – 2022 CO 12 (03/14/22). The Supreme Court accepted...
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Colorado Court of Appeals Gregory v. Safeco Ins. Co. of America – Court of Appeals declines to extend notice-prejudice rule to residential property claims – 2022COA45 (4/21/22). The Court of Appeals...
View ArticleSupreme Court Decision Re: Medicaid Liens
No. 20–1263. Argued January 10, 2022—Decided June 6, 2022 Gianinna Gallardo suffered catastrophic injuries resulting in permanent disability when a truck struck her as she stepped off her Florida...
View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Court of Appeals Hughes v Essentia Ins. Court of Appeals voids policy provision limiting UM/UIM coverage—2022COA49 (05/05/22). Plaintiff insured two classic cars under an automobile insurance...
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View ArticleCOLORADO SELECT CASE LAW UPDATE
Colorado Court of Appeals Amaya v. Indus. Claim Appeals Office.—2022COA131 (11/10/22). In this workers’ compensation appeal, the Court of Appeals concluded that the apportionment of death benefits...
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