RQ Law Blog

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 […]

Colorado Court of Appeals rules on conflict between employer drug policy and medical marijuana use Coats v. Dish Network, LLC 2013 COA 62 On April 25, 2013 the Colorado Court of Appeals announced its decision that state-licensed medical marijuana use is not a “lawful activity” under section 24-34-402.5, C.R.S. because marijuana use is still federally […]

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 […]

Several years ago, Colorado courts adopted a version of the economic loss rule. As articulated through court decisions, when a party is injured due to a duty that arises from contract, the injured party’s remedies are limited to contractual damages. A claim for negligence or other tort can be asserted only if 1) the defendant […]

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, […]

An experienced lawyer can go a long way to help keep you and your business out of trouble – or quickly resolve disputes which have escalated into an insurance claim or lawsuit.   How can you be sure you are retaining quality counsel? You should not assume that the biggest firm or the highest billable […]

SB 161 and the Sunset Review of the State Board of Licensure Architects, Professional Engineers and Professional Land Surveyors are regulated under the Department of Regulatory Agencies Board. As with most regulatory agencies in Colorado, the Board will “sunset [be terminated]” unless the Legislature agrees to extend the statute authorizing the Board. Typically, if the […]

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