August 24, 2019

Archives for January 28, 2011

Hickenlooper Appoints New DA for Seventh Judicial District

Last week, Governor John Hickenlooper appointed Dan W. Hotsenpiller of Montrose as the District Attorney for the Seventh Judicial District, which serves Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel counties.

Hotsenpiller has been a general practice lawyer at Delman & Hotsenpiller in Montrose since 2005. His previous work includes the U.S. Attorney’s Office, District of Colorado, in Grand Junction as Assistant U.S. Attorney and in the Office of the District Attorney, Seventh Judicial District, as Assistant District Attorney. He was also an associate with Charles R. Greenacre P.C., in Montrose, and an associate at Weller, Friedrich, Ward & Andrew in Denver.

Hotsenpiller earned his J.D. from the University of Colorado School of Law in 1988.

The appointment was effective Tuesday, January 25 and shall continue until a new District Attorney is elected for the Seventh Judicial District in the 2012 general election and takes the oath of office on January 8, 2013.

Court Temporarily Stays Colorado’s Online Sales Tax Law

Law Week Colorado reports that U.S. District Court Judge Robert Blackburn issued a preliminary injunction on Wednesday that prevents the state from enforcing a 2010 law that would impose an online sales tax.

Judge Blackburn’s ruling was disclosed in a press release issued by State House Majority Leader Amy Stephens. The Direct Marketing Association, a trade association, is challenging provisions of the Colorado law that it says are unenforceable under the Commerce Clause.

Law Week Colorado has published the court’s ruling and Stephens’ press release.

Colorado Court of Appeals: Week of January 23, 2011 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and 40 unpublished opinions for the week of January 23, 2011.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Tenth Circuit: Opinions, 1/27/11

The Tenth Circuit on Thursday issued one published opinion and one unpublished opinion.


In United Fire & Casualty Co. v. Boulder Plaza Residential, LLC, the Court affirmed the district court’s decision. Petitioners claim that the district court erred in finding that Respondents, an insurer, owed no duty of defense, nor duty of indemnification, under Colorado law. The Court found that “[b]ecause the allegations fail to indicate any ‘factual or legal basis on which the insurer might eventually be held liable to indemnify the insured,'” Respondents did not owe a duty of defense.


United States v. Mojica-Fabian