The United States Court of Appeals for the Eighth Circuit certified a question to the Wyoming Supreme Court concerning the enforceability of an insurance policy notice provision under Wyoming law. In Century Surety Company v. Hipner, (Wyo. 08/17/16), the Wyoming Court provided the answer to that question, holding that, under Wyoming law, an insurer must […]
RQ Law Blog
Rucker v. Federal National Mortgage Association – ‘For Sale’ sign alone does not change prospective buyer’s status. (CA 07/28/16). Ellyn and David Rucker decided to purchase a house that their daughter, Kristin, would rent from them. David placed an offer on a house for which Kristin had had a showing with a Heter & Co. […]
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 […]
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 […]
On November 17, the Colorado Supreme Court issued its ruling in Oasis Legal Financing v. Coffman. The Supreme Court unanimously held that agreements in which companies advance money to tort plaintiffs in exchange for future litigation proceeds are “loans”, which loans are subject to the Uniform Consumer Credit Code [UCCC] as adopted in Colorado. Litigation […]
You likely heard of the new budget deal agreed to by Congress a week ago. This Federal Budget Agreement, which was worked out behind closed doors, includes surprise provisions authorizing the Occupational Safety and Health Administration (OSHA) to increase penalties for the first time since 1990. The Agreement requires OSHA to make a one-time “catch-up” […]
It is hard to believe that it has already been four years since we opened Ruebel & Quillen, with the hope of being a different kind of law firm. Unintentionally, I marked our four year anniversary the same way I marked the first official day R&Q opened its doors – out of town. Away from […]
