RQ Law Blog

Federal Rules of Evidence Though not case law, we find it important to note three significant amendments to the Federal Rules of Evidence that took effect on December 1. The most important change is to F.R.E. 702. It has been revised to explicitly state that the proponent of an expert must demonstrate to the court […]

Colorado Court of Appeals Rosten v. ICAO—Court holds failure to conduct in-person examination does not invalidate medical finding—2023COA62 (06/29/23). The Court of Appeals addressed whether the failure to conduct an in-person examination invalidates a doctor’s report finding that a claimant has no permanent impairment. It concluded that, while a record review without a personal examination […]

Colorado Supreme Court State v. Ctr. for Excellence in Higher Educ., Inc.—CCPA remedies are equitable and thus defendant not entitled to jury—2023 CO23 (05/15/23). This case was a civil enforcement action under the Colorado Consumer Protection Act and the Colorado Consumer Credit Code (“UCCC”). The issue was whether the Court of Appeals erred when it […]

Colorado Court of Appeals Turoff v. Itachi Capital—Court finds no jurisdiction to review district court order re: arbitration—2022COA147 (12/29/23). An arbitrator entered an award in Itachi’s favor and later awarded Itachi its attorney fees and costs. Appellant Turoff then filed a motion to vacate the arbitration award, arguing that the refusal to postpone the hearing […]

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 among a deceased worker’s dependents under section 8-42-121, determines a dependent’s “proportionate share” of the maximum lump sum allowed by statute under section 8-43-406(3). The division thus affirmed […]

Colorado Court of Appeals Giron v. Hice. Lights, camera, then chase the bad guy or else you are liable—2022COA85 (7/28/22). Under Tidwell v. City & County of Denver, 83 P.3d 75 (Colo. 2003), the Supreme Court held that Colorado governmental immunity could be waived when an operator of an emergency vehicle is in pursuit of […]

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 policy with Essentia Insurance Company. As a condition of this insurance, plaintiff was required to have and separately insure a “regular use vehicle.” The policy explicitly excepted regular […]

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 school bus. Florida’s Medicaid agency paid $862,688.77 to cover Gallardo’s initial medical expenses, and the agency continues to pay her medical expenses. Gallardo, through her parents, […]

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 considered whether Colorado’s notice-prejudice rule applies to a notice-of-loss provision in a homeowners’ insurance policy. This rule excuses an insured’s late filing of a […]

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