The Hall & Evans Rocky Mountain Litigation Reporter is a periodic online newsletter directed to a select group of individuals and organizations. In this edition, we summarize recent decisions from the Colorado Supreme Court and Court of Appeals. Topics In This...
The 2016 legislative session adjourned on Wednesday, May 11, 2016. During the 2016 legislative session, Republicans controlled the Senate by one, razor-thin vote, while Democrats controlled the House by two, very precious votes. This split legislature created a...
Valerie Garcia was recently promoted as the Co-Chair of the Claims and Litigation Management Alliance (CLM) Region 8. Valerie’s Co-Chair position will cover Colorado, Kansas, Montana, Nebraska, Utah, South Dakota, North Dakota, and Wyoming. Prior to her new role,...
The Tenth Circuit’s July 5, 2016 ruling in The Home Loan Investment Company v. The St. Paul Mercury Insurance Company significantly expands the application of Colorado’s Unreasonable Delay or Denial Statute, holding that the statute is not limited to claims handling,...
U.S. District Court Judge Scott W. Skavdahl, sitting in Casper, Wyoming, issued a ruling late Tuesday, June 21, 2016, invalidating an Interior Department Rule setting stricter standards for hydraulic fracturing on public lands, saying that the Interior Department...
The Colorado Supreme Court issued a ruling finding a carrier, acting in accordance with its underwriting records and with the policy as issued though later reformed voluntarily by the carrier, was reasonable in denying UIM coverage to a claimant not identified as an...
Under the Fair Labor Standards Act (“FLSA”), employers are required to pay overtime at a rate of one-and-one-half times the regular rate of pay to employees who work more than 40 hours in a week, unless the employee is subject to an exemption. Among the exemptions...
The Colorado Supreme Court recently addressed the issue of whether an in-bounds avalanche at a ski resort was included in the definition of “inherent dangers and risks of skiing.” In Fleury v. IntraWest Winter Park Operations Corp., 2016 CO 41 (Colo. May 31, 2016),...
Hall & Evans prevailed on summary judgment motion in a coverage dispute as to the enforceability of a drop down provision in an auto policy, defeating efforts to void the clause by application of the out of state coverage provision of the policy as the accident...
Will Colorado voters once again achieve “first in the nation” status by approving universal health care for state residents? The ColoradoCare initiative appearing on the state ballot in November 2016 will not only allow voters to decide whether to create a...
