RQ Law Blog

Case Law update

Lewis v. Taylor – Court of appeals holds time limitation for fraudulent conveyance action is jurisdictional and thus cannot be tolled (CA 03/13/14). Section 38-8-110(1) provides that a fraudulent conveyance action is “extinguished” unless brought within the applicable time period. The Court first noted that there is a distinction between a jurisdictional time limitation and […]

Case Update

Stresscon Corp. v. Travelers Property Casualty Company of America. – Court of Appeals expands notice-prejudice rule (CA 09/12/13). In this construction case, the general contractor and the concrete company settled their dispute without litigation and without the insurance company of the settlement or obtain its consent. The insurance company argued that the notice–prejudice rule does […]

Case Law Update

Colorado Supreme Court People v. Flockhart – Court declines to adopt a per se rule on challenges for cause. (SC 07/01/13).  In this criminal matter, the Court holds that while the better practice is for challenges for cause to be heard outside of the jury, a trial court retains discretion to conduct challenges for cause […]

When Cats Attack

While I have been unable to find any statistics for cat-bite claims, the Insurance Information Institute estimates that in 2012, insurers across the country paid nearly $489 million in dog bite claims.  Bite cliams tallied about one-third of all homeowners liability payouts in 2012.  I recently had a jury trial where the Plaintiff alleged she […]

Summer Case Law Update

Court Of Appeals Krol v. CF&I Steel – Court of Appeals limits ‘statutory employee’ immunity (CA 03/14/13). The Court of Appeals found that an injured party does not merely have to have been “on” the landowner’s property when performing work for the statute to apply, but the injured party also must have been doing work […]

Subpoena Change

Subpoenas in Colorado – Recent Changes to Rule 45 by Casey Quillen Recently there have been two important changes regarding the use of civil subpoenas.  It is important to understand these changes, not only for how subpoenas should be used to obtain documents, but also for responding to them.   The first significant change to […]

Spring Case Update

Colorado Case Law UpdateRuebel & Quillen, LLC COURT OF APPEALS Banning v. Prester – Court of Appeals holds that duty to mitigate does mean a duty to cease ineffective medical treatment (CA 12/27/13). Prester negligently drove his vehicle, causing a low-speed rear-end collision with Banning’s vehicle. Banning sought medical attention for neck and back pain, […]

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