RECENT COURT DECISIONS – COLORADO LAW Oasis Legal Finance Group v. Coffman – Litigation financing is a “loan” subject to state regulations. (SC 11/16/15). The Supreme Court held that litigation finance companies that agree to advance money to tort plaintiffs in exchange for future litigation proceeds are making “loans” subject to Colorado’s Uniform Consumer […]
RQ Law Blog
On November 17, the Colorado Supreme Court issued its ruling in Oasis Legal Financing v. Coffman. The Supreme Court unanimously held that agreements in which companies advance money to tort plaintiffs in exchange for future litigation proceeds are “loans”, which loans are subject to the Uniform Consumer Credit Code [UCCC] as adopted in Colorado. Litigation […]
Colorado Supreme Court takes sensible position that lawsuit lending creates debt, so it’s subject to Colorado law governing debt. Unanimous decision (8-0 with J. Gabriel abstaining). Kudos to Jeff Ruebel and Casey Quillen who authored the CCJL/CDLA/PCIAA amicus brief. You can access the full opinion here.
ARBITRATION is the determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties. Legally, an arbitration award can be confirmed as a judgment after due process and evidentiary procedures are completed and the award is filed with a court of appropriate jurisdiction. MEDIATION is […]
COLORADO CASE LAW UPDATE Colorado Court of Appeals Ackerman v. City and County of Denver – Red Rocks is a natural condition for purposes of GIA (CA 07/16/15). While attending a concert, Plaintiffs were struck and injured by rocks that fell from a rock formation that abuts one side of the Red Rocks Park amphitheater. […]
Jeff and I kept abreast of legislative developments throughout the year as members of the Colorado Defense Lawyers Association Legislative Committee. However, the legislative session can get rather hectic, particularly in the final days and our posts about legislative developments may have room for improvement. Because many bills passed during the 70th General Assembly have […]
Contact us if you would like a copy of any opinion or would like to discuss the Court’s holdings. Wainscott v. Centura Health Corporation – Court of Appeals holds that strict compliance with hospital lien is not required (CA 08/14/14). The Court of Appeals held that minor filing and notice deficiencies should not invalidate […]
Monday the Colorado Supreme Court rejected a proposed initiative intended for the November 2014 ballot that would amend the state constitution to allow voter recall of judges. In a split decision, they held that it violated the single subject rule. The two other proposed ballot initiatives aimed at courts and judges are still alive. Sponsored […]
