RQ Law Blog

LIABILITY ISSUES RELATED TO THE MARIJUANA INDUSTRY

The production and retail sale of marijuana is a new, burgeoning industry which faces numerous issues. This article summarizes issues faced by those involved in the construction and ownership of marijuana facilities.  Federalism. While states have decriminalized marijuana use and production, it remains a federal crime. The consequences flowing from the federal prohibition remain significant, as concerns about violating federal law have impacted banking, insurance and other basic professional services...
Continue reading
  209 Hits
209 Hits

Wyoming Supreme Court Decision

Wyoming Supreme Court Decision
The United States Court of Appeals for the Eighth Circuit certified a question to the Wyoming Supreme Court concerning the enforceability of an insurance policy notice provision under Wyoming law. In Century Surety Company v. Hipner, (Wyo. 08/17/16), the Wyoming Court provided the answer to that question, holding that, under Wyoming law, an insurer must be prejudiced before being entitled to deny coverage when the insured has failed to give...
Continue reading
  1638 Hits
1638 Hits

August Case Law Update

August Case Law Update
Rucker v. Federal National Mortgage Association – ‘For Sale’ sign alone does not change prospective buyer’s status. (CA 07/28/16). Ellyn and David Rucker decided to purchase a house that their daughter, Kristin, would rent from them. David placed an offer on a house for which Kristin had had a showing with a Heter & Co. listing agent, but Ellyn had not seen the property, so Kristin took Ellyn to the...
Continue reading
  1788 Hits
1788 Hits

June 2016 Case Law Update

June 2016 Case Law Update
AVALANCHES ARE AN INHERENT RISK TO SKIERS UNDER STATUTE Fleury v. IntraWest Winter Park Operations Corp. (SC 05/31/10). The Colorado Supreme Court held that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger and risk of skiing” under the Ski Safety Act and thus the ski area is not liable to a skier killed in an avalanche. The Court held that the definition...
Continue reading
  1527 Hits
1527 Hits

February Case Law Update

February Case Law Update
COLORADO CASE LAW UPDATE   Colorado Supreme Court   Ryals v. City of Englewood – The Court held that statute did not pre-empt local ordinance restricting sex offender residency (01/16/16). This case involved a certified question of law from the Tenth Circuit regarding a challenge to a home rule ordinance. Claimant argued that state statute pre-empted a City ordinance effectively barring sex offenders from residing. The Supreme Court held that...
Continue reading
  1830 Hits
1830 Hits