RQ Law Blog

Tenth Circuit Court of Appeals  Jody Blatchley v. St. Anthony Summit Medical Center– Courtremands due to error in denying designation of non-party after settlement – No. 18-1231 (10th Cir. 8/17/20). This medical malpractice case is about double recovery. Plaintiff Jody Blatchley alleges that he suffered permanent disability because of the negligence of medical staff while he was receiving care at St. […]

We all know every construction project is built perfectly and owners never have a complaint after the last nail is hammered (read with heavy sarcasm).  In the event a construction defect is alleged after a project is complete, there is no reason to just hand claimants the ability to sue years after the expiration of […]

Julia Morgenthau recently briefed an important case in the Colorado Supreme Court on behalf of the state’s defense lawyers. The Supreme Court agreed with Julia and Owner’s Insurance Company counsel Wheeler Trigg and O’Donnell, and disqualified Levy Law, the former longtime counsel for Owners Insurance Company, from representing a plaintiff against Owner’s in a bad […]

Many construction companies are critical businesses and thus exempt from current public health and executive orders. However, there are provisions that even exempt construction companies must comply with. Companies should conduct enhanced cleaning and social distancing protocols. There are many recommended protocols to assist companies to avoid contamination by and prevention of the spread of […]

Senate Bill 20-138 has been introduced to increase Colorado’s statute of repose for construction defects from six to ten years. If enacted as proposed, SB20-138 would also start the timer for Colorado’s statute of repose later—only after both physical manifestation AND the cause of a defect are identified.  In addition, SB20-138 would make it easier […]

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, […]

(a) Purpose of Simplified Procedure. The purpose of this rule, which establishes Simplified Procedure, is to provide maximum access to the district courts in civil actions; to enhance the provision of just, speedy, and inexpensive determination of civil actions; to allow earlier trials; and to limit discovery and its attendant expense. (b) Actions Subject to […]

In Calderon v. American Family Mutual Insurance Company, 2016 CO 72, Nov. 7, 2016 the Colorado Supreme Court reached a surprising conclusion, reversing the Colorado Court of Appeals and trial court’s plain language interpretation of Section 10-4609, C.R.S. and a standard UM/UIM insurance provision. The insured, Calderon, sustained injuries in an automobile accident with an uninsured […]

Kathy Brim is our resident yogini, having been practicing yoga for years and recently earning her teaching certification.  She is passionate about yoga and has taken a moment to reflect on how it relates to her legal practice. Although I’ve always found it difficult to get into the habit of meditating, I’ve realized that my […]

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