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State Courts -
Colorado - August 24 - August 25, 2005
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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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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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