In Gregory v. Creekstone Farms Premium Beef, LLC, No. 17-3168, (10th Cir. March 29, 2018), the United States Court of Appeals for the Tenth Circuit, addressed the question in a wrongful death case filed by the survivors of the deceased. The Plaintiff’s son Richard Gates…
In Progressive Northern Insurance Company v. Pippin, No. 17-6182, (10th Cir. March 28, 2018), the United States Court of Appeals for the Tenth Circuit undertook the question arising out of an odd claim by the insured against his insurance company. In 2012, Greg Pippin (“Pippin”)…
In White v. Estate of Soto-Lerma, No. 17CA0292, (2018 COA 35), the Colorado Court of Appeals considered the question. In a suit against a decedent’s estate, does the Nonclaim Statute allow a plaintiff to recover a judgment for prejudgment interest and costs above the limit…
In Bolita v. West Omaha Winsupply Company, No. A-17-636, (Neb. Ct. App. March 20, 2018), the Nebraska Court of Appeals examined the employer’s appeal to a workman’s compensation award of total disability benefits. Jeffrey Bolita (“Bolita”) filed a petition on December 22, 2016, alleging he…
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 stat
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…
In Starr v. QuikTrip Corporation, Inc., No. 17-5024 (10th Cir. March 1, 2018), the United States Court of Appeals for the Tenth Circuit Affirmed the lower court’s ruling. Paul Starr (“Starr”) was a QuikTrip Corporation (“QuikTrip”) employee who also served in the Oklahoma National Guard.…
The Supreme Court of Colorado undertook this complicated question in In Re Bailey v. Hermancinski, No. 17SA20, (2018 CO 14). In this original proceeding, the Supreme Court of Colorado considers the scope of the physician–patient privilege in a medical-malpractice action. The law prohibits medical pr
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…
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”)…
In Boettcher v. Conoco-Phillips Co., No. No. 17-6115 (W.D. Okla., 2018), the United States Court of Appeals for the Tenth Circuit answers that question. Plaintiffs Thomas Boettcher and Pamelia Vennerberg (“Boettchers”) allege Boettcher’s cancer was caused by exposure to emissions from Defendant’s re
In Danko v. Conyers, No. 16CA1383, (2018 COA 14), the Colorado Court of Appeals took on this complicated question. David J. Conyers, M.D., (“Conyers”) performed carpal tunnel surgery on Deborah Danko (“Danko”). According to Danko, Conyers negligently failed to detect an infection resulting from the…
