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| Balkind v. Telluride Mt. Title Co., No. 98CA2182,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 6, 2000, Decided
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Overview: Property owners failed to meet their burden of showing the county was an indispensable party. Error to reduce attorney's hourly rate based solely on attorney's status as salaried lawyer paid by nonprofit entity.
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| Colorado Compensation Ins. Auth. v. Industrial Claim Appeals Office, No. 99CA1080,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 6, 2000, Decided
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Overview: When treatment provider sought de novo hearing following retroactive denial of payment by director of division of workers' compensation, insurer had burden of proof to establish that care provider's treatment was unreasonable.
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| Hartman v. Regents of the Univ. of Colo., No. 98CA1633,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 6, 2000, Decided
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Overview: University had sovereign immunity from employees' claims under FLSA and was not "a person" for purposes of ¿ 1983 claims. Employees' retaliation claims against individual officials and non-tort claims against university permitted.
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| In re Marriage of Antuna, No. 98CA1999,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 6, 2000, Decided
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Overview: Application of a shared custody formula which resulted in a support payment by the custodial parent to the noncustodial parent was not prohibited. Rulings on evidence were within sound discretion of the trial court.
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| National Farmers Union Prop. & Cas. Co. v. Estate of Mosher, No. 99CA1385,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 6, 2000, Decided
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Overview: Estate entitled to personal injury protection (PIP) benefits, though insurer did not insure any vehicle in accident. Other driver's truck triggered PIP coverage and benefits not excluded because decedent insured riding noncovered tractor.
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| People v. Barbieri, No. 99PDJ008 (consolidated with 99PDJ061),
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 6, 2000, Decided
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Overview: The court ordered respondent attorney disbarred, because respondent's actions in pressuring a client to give respondent business loans and providing incompetent representation to a second client violated state rules of professional conduct.
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| People v. Ellsworth, No. 97CA0882,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 6, 2000, Decided
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Overview: Evidence of similar uncharged bad act was admissible to prove motive and culpable mental state. Colorado "two-witness" statute applicable in prosecutions for perjury was satisfied by false receipt offered by defendant.
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| People v. Flagg, No. 99CA0231,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 6, 2000, Decided
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Overview: Mandatory parole statute which became effective eight days before defendant entered into plea bargain agreement was unambiguous on its face and its application neither violated due process nor ex post facto principles.
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| People v. McKay, No. 99CA0830,
COURT OF APPEALS OF COLORADO, DIVISION THREE, July 6, 2000, Decided
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Overview: Although statute did not authorize detective to pursue defendant outside jurisdiction, detective had a reasonable suspicion that defendant was engaged in criminal activity; thus, contact was not an unconstitutional seizure.
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| People v. Pigford, No. 99CA0132,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 6, 2000, Decided
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Overview: Once officer acquired legal privilege to conduct investigatory stop, he could have employed reasonable coercive tactics under totality of circumstances, to effect stop in manner which assured safety for officer, public, and person stopped.
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