Colorado, July, 2008, State Case law

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State Courts - Colorado - July 24, 2008

Benuishis v. Indus. Claim Appeals Office, Court of Appeals No. 07CA0511, COURT OF APPEALS OF COLORADO, DIVISION SIX, July 24, 2008, Decided
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Overview: Order determining that workers' compensation claimant had not established existence of conflict of interest by physician who performed independent medical examination of claimant for employer's insurer was upheld because although the physician was under the insurer's network, physician testified that he never discussed claimant's case with insurer.

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Colorado Intergovernmental Risk Sharing Agency v. Northfield Ins. Co., Court of Appeals No. 07CA0058, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 24, 2008, Decided
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Overview: Efficient proximate cause doctrine did not apply so as to render appellant liable in connection with collapse of swimming pool roof, which was caused by snow and decayed beams, because anti-concurrent causation clause in policy appellant issued stated that damages caused by decay was not covered, even when damage was also caused by a covered peril.

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Jones v. Crestview S. Baptist Church, Court of Appeals No. 07CA0471, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 24, 2008, Decided
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Overview: First Amendment precluded a district court from exercising subject matter jurisdiction over a reverend's claim against a church for compensation for services rendered because the issues of whether the reverend adequately performed his services and the value of those services were largely ecclesiastical and thus not subject to court inquiry.

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Joseph v. Equity Edge, LLC, Court of Appeals No. 07CA0523, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 24, 2008, Decided
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Overview: Trial court did not err in finding that the officers did not engage in acts constituting investment advice under the Colorado Securities Act, because none of the investors were charged any fees for investment advice, and all payments received related to the officers' management and administrative services.

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Kruse v. Town of Castle Rock, Court of Appeals No. 07CA1111, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 24, 2008, Decided
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Overview: Where a property owner challenged the validity of a local ordinance designating a house on her property as a historic landmark, the Court of Appeals of Colorado held that Castle Rock, Colo., Mun. Code ? 2.18.160, was not facially vague or unconstitutionally vague as applied. Its terms had a clear meaning to a person of ordinary intelligence.

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Lawry v. Palm, Court of Appeals No. 07CA0334, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 24, 2008, Decided
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Overview: Because the owner of the capital stock of the retailer was the first to breach the terms of the employment agreement, he was not entitled to relief on the basis of forfeiture. There was also ample evidence that supported the fact that the owner's breach of contract resulted in the retailer's lost profits for lost guide trips.

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People ex rel. K.W.S., Court of Appeals No. 07CA0667, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 24, 2008, Decided
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Overview: Appeal was dismissed because the appellate court was without jurisdiction, when a deferred judgment and sentence agreement was not subject to direct appellate review unless and until such time as it was revoked, and appellant juvenile stipulated to genetic marker testing.

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People v. Laurent, Court of Appeals No. 06CA0885, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 24, 2008, Decided
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Overview: Because proof of child abuse based on manufacturing a controlled substance under Colo. Rev. Stat. ? 18-6-401 necessarily proved the elements of manufacturing a controlled substance under Colo. Rev. Stat. ? 18-18-405, manufacturing a controlled substance was a lesser included offense of child abuse based on manufacturing a controlled substance.

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United States Fire Ins. Co. v. Sonitrol Mgmt. Corp., Court of Appeals No. 07CA0060, Court of Appeals No. 07CA0061, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 24, 2008, Decided
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Overview: Limitation of liability clause in contract did not prevent insured from recovering damages from security services provider in connection with $ 20,000,000 theft and fire loss resulting from provider's failure to monitor insured's warehouse if insured could show provider acted willfully and wantonly as defined in Colo. Rev. Stat. ? 13-21-102(1)(b).

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Vogan v. County of San Diego, Court of Appeals No. 07CA1391, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 24, 2008, Decided
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Overview: Order of dismissal for lack of jurisdiction was vacated and remanded because the trial court could properly exercise personal jurisdiction over defendants, who allegedly continued to collect withholdings from the claimant's wages contrary to a previous order vacating the California judgment upon which the wage assignment was based.

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