RQ Law Blog

COLORADO SELECT CASE LAW UPDATE

Colorado Court of Appeals Suydam v LFI Fort Pierce — “Going and coming” rule was discussed; realignment of parties during trial - (CA 10/08/20). The Court of Appeals analyzed the scope of the “going-and-coming” rule, which applies to the issue of whether an employer may be held liable for damages caused by the negligence of one of its employees while the employee is commuting between work and home or another...
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32 Hits

COVID-19 AND BUSINESS INTERRUPTION CLAIMS

As the impact of COVID on businesses becomes increasingly dire, business owners are making claims under their commercial insurance policies for their heavy financial losses suffered. Companies are arguing that business interruption coverage in their policies apply. There are generally two theories as to coverage: 1) contamination due to the virus; and 2) losses due to the restrictions placed on business operations by governmental authorities which are intended to lessen...
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53 Hits

COLORADO SELECT CASE LAW UPDATE

Tenth Circuit Court of Appeals  Jody  Blatchley  v. St. Anthony Summit Medical Center -   Court remands due to error in denying designation of non-party after settlement -  No. 18-1231 ( 10 th  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. Anthony Summit Medical...
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111 Hits

Stop Defeating Your Own Statute of Limitations Defense

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 Colorado’s two-year statute of limitations for construction defects. Those involved in construction defect litigation in...
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184 Hits

Supreme Court disqualifies Levy Law firm

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 faith suit. Colorado Ethics Rules limit when a lawyer can represent a second client in...
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374 Hits