Tag Archives: Certiorari

Certiorari Grants, Grant and Remand, and an Interesting Denial

The Supreme Court granted certiorari in three civil cases: one involving the governor’s authority to issue certain honorary proclamations and a taxpayer’s standing to bring such a challenge, and a second case to determine whether certain amendments to the fire department’s disciplinary system are subject to the collective bargaining provisions of the Denver City Charter.

In the third case the Court took the unusual action of granting certiorari as to whether the notice requirements pursuant to Indian Child Welfare Act (ICWA) were satisfied under 25 U.S.C. section 1912(a) (2001) and CRS 19-1-126, Colorado’s Children’s Code. It then remanded with instructions to the trial court that notice be given in accordance with the provisions of the ICWA and the Children’s Code.  The Court also provisionally vacated the trial court’s order terminating parental rights but held that the trial court’s judgment terminating parental rights “shall be reinstated and will stand affirmed if it is ultimately determined, after proper notice, that the child is not an Indian child. If the child is determined to be an Indian child, the trial court must proceed in accordance with the ICWA.” A copy of the original Order of the Court is here: 13SC176.

Please visit the Certiori tab for a complete statement of the issues granted.

Petitions sought pursuant to C.A.R. 50 — which are appeals directly to the Supreme Court prior to Court of Appeals review are rare. Even more rare is a grant. Par for the course, the following petition for CAR 50 review was denied and will therefore be addressed by the court of appeals in the first instance; and any appeal from that opinion will be pursuant to the normal certiorari review process under CAR 49.

No. 13SC85, Richard L. Anderson; Stephanie Allen; James N. Dreisbach, MD; Nicholas G. Muller; Ray Blum, MD; K. Mason Howard, MD; Susan E. Ljunghag, MD; Richard Schaler, MD; and Richard Parker, MD v. John W. Suthers, as the Attorney General for the State of Colorado; HealthOne, d/b/a The Colorado Health Foundation; HealthOne of Denver, Inc.,; and HCA-HealthOne, LLC, Court of Appeals Case No. 12CA2313

Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED.

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New Certiorari Grant plus a near-grant

The Colorado Supreme Court granted certiorari in one case today involving the governmental immunity act : Marilyn Daniel v. City of Colorado Springs, 2012COA171. As noted in the comments to the CLR summary of the court of appeals’ opinion, this case is related to other cases pending before the Court addressing what constitutes a “public facility.”

JUSTICE COATS and JUSTICE EID would have granted Sonitrol Corporation v. Core-Mark Midcontinent, Inc.; et. al. Court of Appeals Case Nos. 10CA2289 & 11CA369 (April 29, 2013) to address two issues concerning a cause of action for willful and wanton breach of contract, one of which was framed in terms of whether the court of appeals erred in applying its “own notions of public policy … contrary to Colorado’s public policy of protecting freedom of contract and allocation of risk.”

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Filed under Contracts, Government, Personal Injury

March Supreme Court Certiorari Grants and Issues Justices Would Have Granted

Here is a short summary of the Court’s certiorari Orders from March.  See the Certiorari page and the pages for each individual Justice for more detailed information.  You can also follow the links to the CLR summaries or the underlying Court of Appeals opinions provided below.

On March 18, 2012, the Colorado Supreme Court granted certiorari in one case, and denied a petition that Justice Coats would have granted.

In City of Brighton and CIRSA, v. Helen M. Rodriquez, (Court of Appeals Case No. 11CA1868), the Court granted certiorari to address issues under the Workers’ Compensation Act, CRS 8-41-301 and 8-43-201, arising from a fall that occurred during the course of an employee’s employment, but whose exact cause/mechanism was unknown, and whether the employer, who initially admitted liability for the injuries of its employee, met its burden to prove that the employee’s injuries did not arise out of the employee’s employment.

Justice Coats would have granted certiorari in McLaughlin, et. al. v. Oxley, et. al. (Court of Appeals Case No. 11CA1136) to review the district court’s denial of summary judgment under CRS 13-21-117.5.

On March 25, 2013, the Colorado Supreme Court granted certiorari in three cases, and denied a petition that Justice Eid would have granted.

In Hickerson v. Vessels (Court of Appeals Case No. 11CA317), the Court granted certiorari to address the availability of the defense of laches against a timely filed claim for collection of a promissory note, where the statute of limitations period was extended by the partial payment doctrine.

In two related cases, the Court granted certiorari to address issues arising from the determination as to whether a worker is an employee or an independent contractor when they do not provide similar services to others at the same time they are working for a putative employer:  Industrial Claim Appeals Office v.  Softrock Geological Services, Inc., and Colorado Division of Unemployment Insurance (Court of Appeals Case No. 11CA2331) and  Western Logistics, Inc., d/b/a Diligent Delivery Systems v. Industrial Claim Appeals Office, et. al. (Court of Appeals Case No. 11CA2461).  In Western Logistics, the Court also agreed to address whether the delivery drivers were subject to petitioner’s control and direction.

Justice Eid would have granted certiorari in BNSF Railway Company v. McLaughlin (Court of Appeals Case No. 11CA751) to address giving a jury instruction on apportionment of damages when the plaintiff’s preexisting condition was asymptomatic at the time of the incident.

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New grant in S. W., a minor v. Towers Boat Club, Inc.

The Supreme Court granted certiorari review in 1 civil case, related to the premises liability statute. See the CLR’s summary of the court of appeals decision HERE.

Click HERE for the Summary of the Issue for which certiorari review was granted.

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Filed under Personal Injury, Torts

One New Grant and Three “would have granted” cases.

One new grant this week:

12SC835 – People In the Interest of Minor Child, O.C. and Concerning: C.M. and C.M., Intervenors. Court of Appeals Case No. 12CA649

Whether the court of appeals erred in concluding that relatives may intervene as a matter of right any time following adjudication, even when they have not had a child in their care at least three months prior to intervention under C.R.S. section 19-3-507(5)(a). 

Chief Justice Bender, Justice Rice, Justice Coats, Justice Marquez, and Justice Boatright all would have granted certain issues for certiorari review. Please see their individual pages for each issue.

Denials in which a justice would have granted certiorari:

Maria Wilcox v. Luis Silva, Court of Appeals Case No. 11CA823 (November 19, 2012)

Whether the court of appeals erred in holding that evidence presented, arguments made, and jury instructions regarding causation should not have been allowed during the  damages trial.

In the Interests of D.M., A.M v. People of the State of Colorado, Court of Appeals Case No. 12CA976 (November 19, 2012)

Whether the trial court committed reversible error in determining that clear and convincing  evidence supported termination of Mother’s parental rights, and the district court erred in finding that the record supports the trial court’s finding that clear and convincing evidence supports termination of Mother’s rights.

Judicial Watch, Inc. v. John Gleason, Attorney Regulation Counsel, Court of Appeals No. 11CA930 (November 19, 2012)

Whether the Judiciary is not part of the State for purposes of the Colorado Open Records Act and, therefore, is not subject to statute.

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Filed under Attorney Regulation, Family Law, Torts

Issue Justice Marquez Would Have Granted

Justice Marquez would have granted certiorari in one hybrid-civil case involving governmental immunity for public defenders. Click here to navigate to her page for the full language of the issue she would have granted.

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