Colorado, June, 2008, State Case law

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State Courts - Colorado - June 12, 2008

Allen v. Martin, Court of Appeals No. 06CA 1768, COURT OF APPEALS OF COLORADO, DIVISION SIX, June 12, 2008, Decided
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Overview: Because a client's legal malpractice claims were compulsory counterclaims in an action to collect legal fees filed by a first law firm, Colo. R. Civ. P. 13(a) barred all of the client's claims against one law firm and all attorneys for their conduct while they were working at that firm.

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Barrett v. Inv. Mgmt. Consultants, Court of Appeals No. 07CA0337, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 12, 2008, Decided
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Overview: In a dispute between an investor and consultants, which was submitted to arbitration, trial court did not err in confirming arbitrators' award of attorney fees to investor because assessment of fees was available under Colo. Rev. Stat. ? 11-51-604 and under federal law. Also, district court did not in ordering postjudgment interest.

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Currier v. Sutherland, Court of Appeals No. 07CA1263, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 12, 2008, Decided
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Overview: Trial court properly dismissed cyclists' personal injury action against a motorist because even though motorist had died, a new action against estate administrator and estate could not be brought under Colo. Rev. Stat. ? 13-80-111, and amended complaint could not relate back under Colo. R. Civ. P. 15(c).

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Gonzales v. Mascarenas, Court of Appeals No. 06CA1903, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 12, 2008, Decided
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Overview: A wrongful death action under Colorado's wrongful death statute, Colo. Rev. Stat. ? 13-21-202, could be maintained for the death of a nonviable fetus born alive. Such an action could also be maintained where the child, though born alive, was not viable at birth.

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INB Land & Cattle, LLC v. Kerr-McGee Rocky Mt. Corp., Court of Appeals No. 07CA0722, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 12, 2008, Decided
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Overview: In limited liability corporation's suit against mineral company alleging mineral trespass, conversion, and civil theft, a trial court did not err in denying relief with respect to draining of minerals because rule of capture pursuant to Colorado Oil and Gas Conservation Act, Colo. Rev. Stat. ?? 34-60-101 to 34-60-129, applied.

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Pullen v. Walker, Court of Appeals No. 06CA2238, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 12, 2008, Decided
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Overview: District court did not effectively divest itself of jurisdiction by appointing as a special master a person who was not an active judge, and did not exceed its authority under Colo. R. Civ. P. 53 in appointing the master to oversee discovery and in limiting master's powers as ordered because nothing in Rule 53 required that master be active judge.

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Schultz v. Stanton, Court of Appeals No. 06CA2338, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 12, 2008, Decided
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Overview: In a legal malpractice case, the trial court erred in granting summary judgment for defendants based upon issue preclusion. Because defendants did not conclusively prove that any of the issues, including causation issue, was actually and necessarily decided, summary judgment based on issue preclusion could not stand.

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Shafron v. Cooke, Court of Appeals No. 07CA0504, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 12, 2008, Decided
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Overview: Driver's license was properly revoked for refusal to take breath or blood test for alcohol level required by Colo. Rev. Stat. ? 42-2-126 (2007), because officer had reasonable suspicion to stop driver pursuant to Colo. Rev. Stat. ?? 42-4-1101(1), (2)(h), 42-4-1102(2), (3), and traffic-control-device manual adopted by Colo. Rev. Stat. ? 42-4-104.

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