COLORADO CASE LAW UPDATE Colorado Supreme Court Ryals v. City of Englewood – The Court held that statute did not pre-empt local ordinance restricting sex offender residency (01/16/16). This case involved a certified question of law from the Tenth Circuit regarding a challenge to a home rule ordinance. Claimant argued that state statute pre-empted a […]
RQ Law Blog
COLORADO COURT OF APPEALS AGREES THAT DEFAULT CLAUSE OF CONTRACT PERMITS ENFORCEMENT OF LIQUIDATED DAMAGES On January 28, 2016, the Colorado Court of Appeals discussed the meaning of ‘having one’s cake and eating it too’ within the context of a contract clause which gave the non-defaulting party the option of being entitled to liquidated damages […]
Johnson v. VCG Restaurants Denver, Inc. – Allowing alternate juror to deliberate held to be reversible error (CA 12/31/15). Plaintiff Johnson was a patron at VCG’s adult nightclub. While waiting outside after the nightclub had closed, he was confronted by a VCG employee. An altercation ensued between the two men, and plaintiff sustained physical injuries. […]
RECENT COURT DECISIONS – COLORADO LAW Oasis Legal Finance Group v. Coffman – Litigation financing is a “loan” subject to state regulations. (SC 11/16/15). The Supreme Court held that litigation finance companies that agree to advance money to tort plaintiffs in exchange for future litigation proceeds are making “loans” subject to Colorado’s Uniform Consumer […]
COLORADO CASE LAW UPDATE Colorado Court of Appeals Ackerman v. City and County of Denver – Red Rocks is a natural condition for purposes of GIA (CA 07/16/15). While attending a concert, Plaintiffs were struck and injured by rocks that fell from a rock formation that abuts one side of the Red Rocks Park amphitheater. […]
