December 12, 2017

Archives for September 15, 2017

Application Period Open for Ouray County Court Vacancy

On Thursday, September 14, 2017, the Colorado State Judicial Branch announced that the application period is open for a vacancy on the Ouray County Court. The vacancy was created by the appointment of Hon. Cory Jackson to the Seventh Judicial District Court, effective immediately.

Applications for appointment to the Ouray County Court are now being accepted. Eligible applicants must be qualified electors of Ouray County and must have graduated high school or attained an equivalent. Application forms are available on the State Judicial website, and are also available from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Richard L. Gabriel. Applications must be received by 4 p.m. on September 26, 2017; anyone wishing to nominate another must do so no later than September 19, 2017.

For more information about the vacancy, click here.

Colorado Supreme Court: Damages Clause Not Void Where Non-offending Party Offered Choice of Actual or Liquidated Damages

The Colorado Supreme Court issued its opinion in Ravenstar, LLC v. One Ski Hill Place, LLC on Monday, September 11, 2017.

Freedom of Contract—Liquidated Damages Clauses—Contractual Damages.

In this case, the Colorado Supreme Court considered whether a liquidated damages clause in a contract is invalid because the contract gives the non-breaching party the option to choose between liquidated damages and actual damages. The court concluded that such an option does not invalidate the clause. Instead, parties are free to contract for a damages provision that allows a non-breaching party to elect between liquidated damages and actual damages. However, such an option must be exclusive, meaning a party who elects to pursue one of the available remedies may not pursue the alternative remedy set forth in the contract. Therefore, under the facts of this case, the liquidated damages clause in the contracts at issue is enforceable. Accordingly, the supreme court affirmed the judgment of the court of appeals.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: 42 U.S.C. § 1988 Damages Not Properly Awarded Under Colorado Election Code

The Colorado Supreme Court issued its opinion in Frazier v. Williams, Colorado Secretary of State on Monday, September 11, 2017.

Election Proceedings under C.R.S. § 1-1-113—42 U.S.C. § 1983—Supremacy Clause.

The Colorado Supreme Court held that claims brought under C.R.S. § 1-1-113 are limited to those alleging a breach or neglect of duty or other wrongful act under the Colorado Election Code. The language of C.R.S. § 1-1-113 limits claims that may be brought to those alleging a breach or neglect of duty or other wrongful act under “this code,” meaning the Colorado Election Code. The court emphasized that Colorado courts remain entirely open for adjudication of 42 U.S.C. § 1983 (2012) claims, including on an expedited basis if a preliminary injunction is sought, and therefore C.R.S. § 1-1-113 does not run afoul of the Supremacy Clause. To the extent that Brown v. Davidson, 192 P.3d 415 (Colo. App. 2006), holds to the contrary, it is overruled.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: § 1983 Claim May Not Be Brought in Colorado Election Code Proceeding

The Colorado Supreme Court issued its opinion in Williams, Colorado Secretary of State v. Libertarian Party of Colorado on Monday, September 11, 2017.

Election Proceedings under C.R.S. § 1-1-113—42 U.S.C. § 1983—Supremacy Clause.

As held in Frazier v. Willaims, 2017 CO 85, ___ P.3d ___, a 42 U.S.C. § 1983 (2012) claim may not be brought in a proceeding under C.R.S. § 1-1-113.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 9/14/2017

On Thursday, September 14, 2017, the Colorado Court of Appeals issued no published opinion and 36 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 9/14/2017

On Thursday, September 14, 2017, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

United States v. Jackson

Jimenez v. Board of County Commissioners of Hidalgo County

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.