RQ Law Blog

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...
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Liquidated Damages

COLORADO COURT OF APPEALS AGREES THAT DEFAULT CLAUSE OF CONTRACT PERMITS ENFORCEMENT OF LIQUIDATED DAMAGES On January 28, 2016, the Colorado Court of Appeals discussed the meaning of ‘having one’s cake and eating it too’ within the context of a contract clause which gave the non-defaulting party the option of being entitled to liquidated damages or alternatively recovering actual damages. In Ravenstar LLC et al. v. One Ski Hill Place...
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1737 Hits

January Case Law Update

Johnson v. VCG Restaurants Denver, Inc. – Allowing alternate juror to deliberate held to be reversible error (CA 12/31/15). Plaintiff Johnson was a patron at VCG’s adult nightclub. While waiting outside after the nightclub had closed, he was confronted by a VCG employee. An altercation ensued between the two men, and plaintiff sustained physical injuries. Plaintiff brought claims against several defendants, including the employee and VCG. The jury deliberated and...
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1199 Hits

Recent Court Decisions Colorado Law

  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 Credit Code even if the plaintiffs do not have an obligation to repay any deficiency...
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917 Hits

July 2015 Case Law Updates

July 2015 Case Law Updates
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. The trial court determined that Denver’s immunity from suit had been waived and the City...
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925 Hits