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   State Courts - Colorado - November 20, 2003

  
Carder, Inc. v. Cash, Court of Appeals No. 02CA0046, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 20, 2003, Decided
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Overview: While the trial court committed reversible error when it reformed the parties' lease agreement by adding terms and conditions, it properly found that the lease was unambiguous and that the lessee renewed the lease under the original terms.

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Cary v. United of Omaha Life Ins. Co., Court of Appeals No. 00CA0681, COURT OF APPEALS OF COLORADO, November 20, 2003, Decided
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Overview: In a bad faith breach suit brought by the parents of a child who attempted suicide, summary judgment in the parents' favor was improper, as their group health insurance plan was not ambiguous as to its exclusions related to self-inflicted injuries.

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Chris the Crazy Trader, Inc. v. Indus. Claim Appeals Office , Court of Appeals No. 03CA0678, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 20, 2003, Decided
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Overview: A compensation panel properly upheld an award of unemployment benefits because the Colorado Division of Employment and Training had no affirmative duty to obtain evidence concerning employees doing similar work for other employers in the locality.

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Fang v. Showa Entetsu Co., Ltd., Court of Appeals No. 02CA0836, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 20, 2003, Decided
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Overview: Because an employee's promise of severance pay was vested upon entering the contract, the trial court properly found that the employee's damages resulting from termination constituted wages under the Colorado Wage Claim Act.

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In re Corbin, Case Number: 02PDJ039, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 20, 2003, Decided
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Overview: Attorney was disbarred from practicing law when he continued to practice before the United States Patent and Trademark Office despite his suspension from practice, and he failed to inform his clients that his license had been suspended.

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In re Marriage of Dale, Court of Appeals No. 02CA1523, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 20, 2003, Decided
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Overview: In a divorce proceeding, the following was marital property: the marital appreciation of the wife's irrevocable trust interest and the furniture in the residence. The husband's car was separate property. The marital property was divided equally.

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Mortgage Invs. Corp. v. Battle Mt. Corp., Court of Appeals No. 99CA2111, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 20, 2003, Decided
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Overview: In a suit to foreclose on a deed of trust, the trial court correctly concluded that because the debtor corporation's officer did not comply with Colorado's UCC, the principle allowing equitable transfer of stock did not apply.

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People v. Bovard, Court of Appeals No. 02CA0974, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 20, 2003, Decided
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Overview: Jurisdiction was lacking over defendant's appeal from a conviction for driving under the influence of alcohol where defendant had appealed from the county court to the district court and the district court entered final judgment after trial de novo.

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People v. Corbin, No. 02PDJ039, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 20, 2003, Decided
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Schwindt v. Hershey Foods Corp., Court of Appeals No. 02CA1825, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 20, 2003, Decided
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Overview: In a personal injury action for damages allegedly incurred as a result of a work-related injury, the court granted the employer's motion to dismiss the action as barred by the exclusivity provision of the Workers' Compensation Act.

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