In Rains v. Barber (Case No. 17SA248.), the Supreme Court of Colorado analyzed whether the trial court was wrong to grant the plaintiffs a new trial after the jury concluded that the defendants, two pilots, were not negligent in a fatal plane crash. First, the…
When There Is an Insurance Claim for Property Damage, How Much Will the Payout Be Set Off by Depreciation?
In Hometown Community Association, Inc. v. Philadelphia Indemnity Insurance Company, No. 17-cv-00777-RBJ, Dist. Ct. (D. Colorado 2018), the United States District Court of Colorado sorted out the conflict between the parties. This suit comes from Philadelphia Indemnity Insurance’s (“Philadelphia”) treatment of insurance claims for property…
In Orr v. Husch Blackwell, LLP, No. 17-3214, (10th Cir. April, 2018), the United States District Court of Appeals for the Tenth Circuit tackled that question. Robert Orr (“Orr”) was an officer and shareholder of Brooke Corporation and Brooke Capital Corporation (collectively, “Brooke”), public corporations…
Did the City of Denver Violate the 14th Amendment and Inflict Emotional Distress When It Seized Several Dogs and Spayed/Neutered Them Without the Owners’ Consent?
In Rose v. City and County of Denver, No. 17-cv-2263-MSK-STV (D. Colorado 2018), the owners of several French Bulldogs sued the city and county for the seizure of their dogs. The Plaintiffs are owners of French Bulldogs — Raven, Vinnie, Soufflé, Bechamel, Champagne, Wyatt, Biscuit,…
Did the Trial Court Abuse Its Discretion When It Found the Defendant Impliedly Waived the Physician-Patient Privilege When the Defendant Brought His Mental Health Records into the Case?
In Gadeco, LLC v. Grynberg, No. 17SA247, (2018 CO 22), the Colorado Supreme Court considered whether the defendant Jack Grynberg (“Grynberg”) impliedly waived the physician–patient privilege by either requesting specific performance of a contract, or denying the plaintiffs’ allegations that he made irrational decisions. This…
In Cavlovic v. J.C. Penney, No. 17-3174, (10th Cir. March 8, 2018), Ann Cavlovic (“Cavlovic”) filed suit against the J.C. Penney Corporation, Inc., (“J.C. Penney”) alleging J.C. Penney used fraudulent advertising practices. On December 16, 2016, Cavlovic filed a class action complaint in Kansas state…
In a Breach of Contract Action Between a Contractor and Property Owner, What is Covered by the Contractor’s General Liability Policy?
In Grinnell Mutual Reinsurance Co., v. Fisher, No. A-16-1047, the Nebraska Court of Appeals examines the question via interpretation of the language of the policy and how it pertains. Robert Fisher (“Fisher”) is a contractor. Roberta Smith (“Smith”) hired Fisher to build her a house…
The District Court Says a School District Must Pay for the Private Schooling of a Special Needs Child in Colorado After US Supreme Court Ruling.
In Endrew f. v. Douglas County School District, No. 12-cv-2620, (Dist. Ct. Colo. 2018) the United States Supreme Court granted certiorari to hear the case. On March 22, 2017, the Supreme Court ruled that the legal standard used by the Tenth Circuit to assess whether…
When a Party’s Liability is Based Entirely on Respondeat Superior, Is Any Settlement with the Agent Setoff Against the Jury Verdict Entered Against the Principal?
In Marso v. Homeowners Realty Agency, No. 16CA1521, (2018 COA 15) the Colorado Court of Appeals takes on the question. Emily Dilbeck (“Dilbeck”) who was employed by Homeowners Realty, Inc., d/b/a/ Coldwell Banker Home Owners Realty, Inc. (“Coldwell”), acted as Sam and Audrey Marso’s (“Marsos”)…
Is an Independent Education Plan (“IEP”) a Contract That Would Provide an Exception to Governmental Immunity Under the Wyoming Governmental Claims Act?
In SH v. Campbell County School District, No. S-17-0164, (2018 WY 11) SH, a minor child SH received special education services at the Campbell County School District (“School District”) in accordance with an Individual Education Plan (“IEP”), pursuant to the federal Individuals with Disabilities Education…
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