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   State Courts - Colorado - April 12, 2001

  
Breaker v. Corrosion Control Corp., Court of Appeals No. 00CA0420, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 12, 2001, Decided
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Overview: In action involving asset purchase agreement with arbitration clause and employment agreement, arbitration clause did not extend to claims arising under employment agreement, and intertwining doctrine did not apply as no common issues existed.

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Business Ins. Co. v. BFI Waste Sys. of N. Am., Inc., Court of Appeals No. 00CA0048, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 12, 2001, Decided
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Overview: No-fault act required workers' compensation carrier to pay PIP benefits, but workers' compensation act clearly allowed compensation carrier to seek reimbursement of its PPD payments from the third party tortfeasor.

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Camas Colorado, Inc. v. Bd. of County Comm'rs, Court of Appeals No. 00CA0058, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 12, 2001, Decided
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Overview: Contractor's claims against county sounding in contract were not barred by the Colorado Governmental Immunity Act. Pertinent statute of limitations governing the contractor's express and implied contract claims was tolled.

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City & County of Denver v. Blatnik, Court of Appeals No. 00CA0451, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 12, 2001, Decided
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Overview: Statutes requiring indemnification of plaintiffs' employees was restricted to tort claims; therefore trial court erred in awarding attorney fees to defendant employees arising out plaintiffs' declaratory judgment action.

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City & County of Denver v. County Court of Denver, Court of Appeals No. 00CA0079, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 12, 2001, Decided
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Overview: After properly finding an appearance of impropriety, the county court did not abuse its discretion when it disqualified city attorney's office from representing city in the underlying public nuisance abatement case.

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Cullen v. Phillips, Court of Appeals No. 00CA0520, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 12, 2001, Decided
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Overview: Claim alleging civil rights violation against city based on police officers' alleged use of excessive force was properly dismissed where no evidence was presented that a municipal policy was moving force behind the conduct.

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De La Rosa v. Western Funding, Inc., Court of Appeals No. 00CA0731, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 12, 2001, Decided
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Overview: Unlicensed lender was entitled to charge consumers 21 percent interest under Uniform Consumer Credit Code because consumers' purchase of vehicles from dealership were consumer credit sales, and dealership properly assigned bill of sale to lender.

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Dyrkopp v. Indus. Claim Appeals Office, Court of Appeals No. 00CA1180, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 12, 2001, Decided
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Overview: Final admission filed by respondent employer closed all issues regarding appellant employee's disability benefits, and failure to object to the admission by appellant waived appellant's right to seek future benefits.

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In re Estate of Moring v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No. 00CA0463, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 12, 2001, Decided
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Overview: Court properly upheld payment of attorney fees and trustee fees upon termination of income trust because: (1) regulations permitted court to determine amount of trustee fees; and (2) attorney fees were expressly allowed under trust and order.

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Jones v. Stevinson's Golden Ford, Court of Appeals No. 99CA1634, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 12, 2001, Decided
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Overview: Employee was wrongfully terminated because: (1) employer directed him to upsell fuel injection service; (2) employer violated public policy; (3) he refused to upsell; and (4) employer knew or should have known he believed upselling was illegal.

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