judge eric bentley
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Colorado justices say insurers may access policyholders’ medical info in denied-benefits litigation
The Colorado Supreme Court declined on Monday to expand its narrow prohibition on insurance companies accessing policyholders’ medical information, clarifying that a dispute over an insurer’s bad-faith decision to deny benefits is the only situation where a company is limited to the information it knew at the time of the decision. In 2018, the Supreme…
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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Colorado Supreme Court accepts cases about reliability of gun-to-bullet matching
The Colorado Supreme Court announced on Monday that it will hear two cases questioning the reliability of expert testimony that purports to identify whether a specific bullet was fired from a specific gun. At least three of the court’s seven members must agree to take up a case on appeal. There is currently one vacancy,…
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Justices debate what to do when governments withhold key info from plaintiffs
Members of the Colorado Supreme Court seemed to be on different pages when they considered on Tuesday whether a woman injured by a sidewalk defect in Manitou Springs was forever barred from suing the actual entity responsible because she did not learn until it was too late that Colorado Springs was the proper defendant. The…
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Colorado justices to examine what happens when governments withhold key info from injured plaintiffs
The Colorado Supreme Court announced on Monday that it will decide whether injured plaintiffs do not have to strictly comply with the legal deadline for notifying the government if a public entity’s conduct makes it impossible to timely identify who should be sued. At least three of the court’s seven members must agree to hear a case…
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Appeals judge suggests revising governmental immunity law in response to Manitou Springs’ ‘hide-the-ball’ conduct
A member of the state’s second-highest court has suggested lawmakers revise Colorado’s governmental immunity law to prevent public entities from torpedoing lawsuits by withholding the identity of the actual party responsible for an injury. Last week, a three-judge panel for the Court of Appeals agreed Jaimi J. Mostellar’s lawsuit against Colorado Springs must be dismissed…
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Colorado justices skeptical of animal rights group’s attempt to free Cheyenne Mountain Zoo elephants
An animal rights group faced a critical reception from the Colorado Supreme Court on Thursday, with the justices doubting they could recognize the legal rights of five elephants in Colorado Springs without also opening the floodgates for widespread attempts to release numerous species from captivity. “Half the people in this room have dogs or cats…
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Appeals court finds numerous errors in 2 Mesa, El Paso County trials but upholds convictions
Colorado’s second-highest court determined last week that numerous errors, including prosecutorial misconduct, pervaded a pair of criminal trials, but the missteps were not severe enough to warrant reversal of the defendants’ convictions. In El Paso County, jurors convicted Daniel Caleb Schwenk of assault and menacing, but could not reach consensus on an attempted murder charge.…
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El Paso County sex assault conviction overturned after judge misapplied law
Colorado’s second-highest court reversed a man’s sexual assault conviction last month after finding an El Paso County judge applied the wrong legal standard when assessing whether the defendant was competent to stand trial. Prosecutors charged Micheal Cochran with numerous sex-related offenses, but his defense attorney became concerned that Cochran was struggling to understand the charges,…
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Appeals court clarifies standards for no-contact orders involving children
Colorado’s second-highest court clarified last month that judges need to account for certain factors when deciding whether to loosen a defendant’s no-contact order against a child, and an El Paso County judge did not consider the proper criteria when refusing to modify the restrictions. Under state law, judges impose protection orders, also known as restraining…