RQ Law Blog

Wyoming Supreme Court Decision

Wyoming Supreme Court Decision
The United States Court of Appeals for the Eighth Circuit certified a question to the Wyoming Supreme Court concerning the enforceability of an insurance policy notice provision under Wyoming law. In Century Surety Company v. Hipner, (Wyo. 08/17/16), the Wyoming Court provided the answer to that question, holding that, under Wyoming law, an insurer must be prejudiced before being entitled to deny coverage when the insured has failed to give...
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935 Hits

August Case Law Update

August Case Law Update
Rucker v. Federal National Mortgage Association – ‘For Sale’ sign alone does not change prospective buyer’s status. (CA 07/28/16). Ellyn and David Rucker decided to purchase a house that their daughter, Kristin, would rent from them. David placed an offer on a house for which Kristin had had a showing with a Heter & Co. listing agent, but Ellyn had not seen the property, so Kristin took Ellyn to the...
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1043 Hits

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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1123 Hits

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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1689 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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1178 Hits