Appellate
Hall & Evans has handled more appeals than any other law firm in Colorado. Trial practice and appellate practice are different specialties involving different court systems, different rules and different legal processes. Effective trial practice works to persuade a jury to reach a favorable verdict based on the presentation of factual evidence. The appellate process involves the presentation of legal argument to an appellate tribunal based on the record that was compiled during the pre-trial and trial phases of litigation. Effective appellate practice requires specialized knowledge of substantive law, standards of review, and appellate procedure.
Our appellate team has been involved in the appeals of more than 1,800 cases, many of which have significantly shaped Colorado law in the areas of insurance, tort, employment, public entity liability, and product liability. Our lawyers have been retained as appellate panel counsel for many insurance carriers and trade groups. They also handle legal and procedural issues at the trial and post-trial level requiring sophisticated analysis and briefing. Our appellate attorneys represent amicus curiae interests on behalf of insurance carriers and trade groups.
Significant Appellate Decisions
- State Farm v. Kastner, 77 P.3d 1256 (Colo. 2003), in which the Colorado Supreme Court held that automobile insurance policies in Colorado do not cover intentional assault injuries inflicted in an automobile.
- University of Denver v. Whitlock, 742 P.2d 932 (Colo. 1987), which is a seminal Colorado Supreme Court decision defining the elements of legal duty in Colorado.
- Heil Valley Ranch v. Simkin, 784 P.2d 781 (Colo. 1989), in which the Colorado Supreme Court resolved a long-standing dispute in the law by holding that an exculpatory contract, which did not expressly use the term “negligence,” nonetheless barred claims for injury arising from negligence.
- Keller v. Koca, 111 P.3d 445 (Colo. 2005), which established the parameters of the tort of negligent supervision in Colorado.
Representative Clients
- Allstate
- Chartis
- State Farm
- Travelers
- Zurich
PROFESSIONAL ASSOCIATION AFFILIATIONS
- Colorado Bar Association – Appellate Practice Subcommittee
- Denver Bar Association
- Colorado Defense Lawyers Association – Appellate and Amicus Curiae Committee
- Defense Research Institute
