June 22, 2018

Archives for November 28, 2012

Loren M. Brown Named Outstanding Young Lawyer of the Year

The Colorado Bar Association Young Lawyers Division announced Tuesday that Loren M. Brown is this year’s recipient of the Gary L. MacPherson Outstanding Young Lawyer of the Year Award. Mr. Brown is a shareholder with Donelson, Ciancio & Grant, P.C., in Broomfield.

Mr. Brown, age 35, has already shown great leadership skills in both the legal community and the community at large. He serves on the Board of Directors for Metro Volunteer Lawyers, an organization that provides access to justice for those who could not otherwise afford it; CASA of Adams and Broomfield Counties, which trains and organizes court-appointed special advocates for child victims of abuse or neglect; and the 17th Judicial District Access to Justice Committee, which provides the public with legal resources.

The Gary L. McPherson Outstanding Lawyer of the Year award is given annually to a young lawyer with an outstanding record of professional success, community service achievements, a strong commitment to civic participation and inspiring others. Mr. McPherson was honored with the award in 1993; he went on to serve three terms in the state legislature. The award was renamed in his honor following his death in 2000.

Mr. Brown will be honored at the Young Lawyers Division holiday party on December 12 and at the Colorado Bar Foundation Annual Bar Fellows Dinner in January.

Colorado Supreme Court: Case Law from Protect Our Mountain Environments Case Not Applicable in Private Dispute At Issue Here

The Colorado Supreme Court issued its opinion in General Steel Domestic Sales, LLC v. Bacheller III on Tuesday, November 27, 2012.

First Amendment—Right to Petition—Trebeled Exemplary Damages.

The Supreme Court held that Protect Our Mountain Environment, Inc. v. District Court, 677 P.2d 1361 (Colo. 1984), (POME) is inapplicable where, as here, the underlying alleged petitioning activity was the filing of an arbitration complaint that led to a purely private dispute. Under POME, a plaintiff must meet a “heightened standard” when suing a defendant for the “alleged misuse or abuse of the administrative or judicial processes of government.” In this case, Harold Bacheller III sued General Steel Domestic Sales, LLC (General Steel), Discount Steel Buildings, LLC (Discount Steel), and the presidents and sole shareholders of each of the companies for abuse of process, malicious prosecution, and civil conspiracy, based on their filing an arbitration complaint against him. During trial, the trial court denied defendants’ request to include additional elements reflecting POME’s heightened standard in the malicious prosecution jury instruction. Because POME is inapplicable here, the Court affirmed the trial court’s ruling.

The Court also held that the trial court did not abuse its discretion by trebling the exemplary damages award against General Steel and Discount Steel. After the jury returned verdicts in Bacheller’s favor on several claims and awarded actual and exemplary damages, the trial court granted Bacheller’s motion to treble the exemplary damages award but against only General Steel and Discount Steel. Because the record supports the trial court’s finding that defendants acted willfully and wantonly during the pendency of the action and further aggravated Bacheller’s damages, the Court affirmed the trial court’s ruling.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 11/27/12

On Tuesday, November 27, 2012, the Tenth Circuit Court of Appeals issued two published opinions and ten unpublished opinions.

Pedockie v. Bigelow

United States v. Rodriguez-Hernandez

Keyser v. Wasatch Towers Condo Owners

Palmer v. Comm’r of Internal Revenue

Nichols v. Kansas Dep’t of Corrections

United States v. Wilson

United States v. Huerta

Houck v. Ball

Harper v. Sanders

Xia v. Salazar

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.