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| People v. Peters, No. 05PDJ058,
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, August 24, 2005, Decided
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| Consumer Crusade, Inc. v. Affordable Health Care Solutions, Inc., Court of Appeals No. 04CA1839,
COURT OF APPEALS OF COLORADO, DIVISION TWO, August 25, 2005, Decided
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Overview: The dismissal of the corporation's action under the Telephone Consumer Protection Act, 47 U.S.C.S. § 227, was improper where states could apply their own rules of procedure to such an action, but states were not required to adopt a further law or rule of court to allow the prosecution of such actions in its courts.
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| Masters v. Castrodale, Court of Appeals No.: 04CA1278,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 25, 2005, Decided
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Overview: Trial court erred in not granting defendants' motions to dismiss because the claimant discovered her injuries for purposes of filing a notice of claim under the Colorado Governmental Immunity Act, Colo. Rev. Stat. § 24-10-101 (2004) et seq., at the latest, on May 19, 2003, and the notice of claim was filed more than 180 days after that date.
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| Medina v. Conseco Annuity Assur. Co., Court of Appeals No.: 04CA0164,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 25, 2005, Decided
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Overview: Trial court did not err in concluding that an insured failed to establish that the requirements of Colo. R. Civ. P. 23(b)(3) had been met, and therefore, denial of class certification in action against insurer was appropriate; there were 7 policy types with different language; thus, individual issues predominated over common issues of law and fact.
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| People v. Delgado-Elizarras, Court of Appeals No. 03CA1268,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 25, 2005, Decided
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Overview: Court erred by failing to instruct jury that reckless endangerment (Colo. Rev. Stat. § 18-3-208 (2004)) was lesser nonincluded offense of first degree assault on peace officer and that it should consider endangerment counts as alternatives to convictions of first degree assault; multiple convictions for same conduct violated double jeopardy ban.
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| People v. Flippo, Court of Appeals No. 02CA1831,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 25, 2005, Decided
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Overview: Court erred by excluding evidence of defendant's developmental disability under Colo. Rev. Stat. §§ 16-8-103.6 and 16-8-107(3) as evidence was not offered to support impaired mental condition or insanity defense but only to attack credibility of his statements to police and his apology to victim by showing he was highly susceptible to suggestion.
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| Porter Constr. Servs. v. Ehrhardt, Keefe, Steiner, & Hottman, P.C., Court of Appeals No.: 03CA1998,
COURT OF APPEALS OF COLORADO, DIVISION TWO, August 25, 2005, Decided
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Overview: In an accounting malpractice case in which the court found in favor of the client, trial court did not err in awarding prejudgment interest under Colo. Rev. Stat. § 5-12-102(1)(b) (2004) from July 1998 rather than the date of discovery, as damages were ascertainable in July 1998, the date from when interest and penalties were assessed by the IRS.
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| Valley Bank & Trust Co. v. Holyoke Cmty. Fed. Credit Union, Court of Appeals No. 04CA0200,
COURT OF APPEALS OF COLORADO, DIVISION ONE, August 25, 2005, Decided
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Overview: A grant of summary judgment in favor of the bank in its action concerning the priority of security interests was improper pursuant to Colo. Rev. Stat. § 4-9-315(a)(1) to (2) (2004) where the bank's perfected security interest in a dealership's inventory terminated because the bank authorized disposition of the inventory.
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| Wilson v. Meyer, Court of Appeals No. 03CA2117,
COURT OF APPEALS OF COLORADO, DIVISION TWO, August 25, 2005, Decided
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Overview: Fair report doctrine protected media reports of alleged defamatory statements made by hospital board members and its attorney at a public board meetings. Statements in newspaper editorial were protected as opinion because the alleged defamatory statements against board candidate appeared in an editorial column in the opinion section of newspaper.
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