breach of contract
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Colorado Supreme Court rejects attempt to blur lines in construction industry lawsuit
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The Colorado Supreme Court on Monday reiterated that breach of contract lawsuits are distinct from negligence lawsuits, and an insurance company had chosen the wrong path when it attempted to recover nearly $483,000 from an allegedly negligent construction company. For decades, the court has recognized that some civil liability claims like negligence are meant to…
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Appeals court rules dead witness’s prior testimony may be used in criminal case
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Colorado’s second-highest court clarified for the first time last week that a witness who testifies in a civil case, but who dies before a related criminal case goes to trial, may have their testimony used in the criminal proceedings. A three-judge Court of Appeals panel concluded that if the criminal defendant had a “full, fair,…
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Appeals court rejects student’s lawsuit against Regis University over misconduct investigation
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Colorado’s second-highest court on Thursday rejected a male student’s lawsuit against Regis University for allegedly performing a flawed investigation into the sexual misconduct complaints about him. The plaintiff, identified as J.L., was the subject of an inquiry after three female students accused him of unwelcome advances or improper touching. Following an investigation that found J.L. violated…
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Colorado Supreme Court considers whether refunds available for CSU’s pandemic campus closure
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The Colorado Supreme Court considered on Wednesday whether students at Colorado State University had a viable claim for refunds after the school closed its campus temporarily during the COVID-19 pandemic while still retaining their fees. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…
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Federal judge allows competing staffing claims by Kaiser, union to proceed to trial
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A federal judge has determined the competing claims that Kaiser Foundation Health Plan of Colorado and its union have lodged against each other will proceed to trial, with the parties both alleging a breach of staffing responsibilities in their collective bargaining agreement. In a pair of orders, U.S. District Court Senior Judge William J. Martínez determined…
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Grand Junction employees ‘out of luck’ in challenging city’s retiree health plan, appeals court rules
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The immunity granted to government entities under state law bars a class action lawsuit against Grand Junction for the city’s alleged malfeasance in administering a health insurance program for retired employees, Colorado’s second-highest court ruled on Thursday. A trial judge previously found no evidence the city denied health benefits to any eligible retiree, but also…
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Divided 10th Circuit orders further evaluation of legality for $6.4 million judgment in cannabis case
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The federal appeals court based in Denver ruled on Monday that a Maryland man may be required to pay $6.4 million after all for breaching a contract with his intended partner in a cannabis company, so long as it does not require the manufacture or sale of marijuana. By 2-1, a three-judge panel of the…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
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The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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Appeals court agrees RTD not responsible for $111.5 million in costs from faulty rail line rollout
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Colorado’s second-highest court agreed on Thursday that the contractor responsible for building and operating the recent expansion of the Regional Transportation District’s rail network cannot recover more than $100 million from RTD for the extended period in which grade crossing systems malfunctioned. Denver Transit Partners and RTD engaged in a public-private partnership to construct a…
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Appeals court says TABOR-compliant contract lets Kit Carson health district off hook for millions in damages
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Thanks to a contractual provision meant to ensure compliance with the Taxpayer Bill of Rights, or TABOR, a Kit Carson County special district does not have to pay roughly $8 million to a healthcare provider after terminating their multiyear agreement, Colorado’s second-highest court ruled last week. However, a three-judge panel for the Court of Appeals…
