February 21, 2019

Archives for September 26, 2018

Colorado Supreme Court: Dead Man’s Statute Now Applies in “All Civil Actions”

The Colorado Supreme Court issued its opinion in Estate of Brookoff v. Clark on Monday, September 24, 2018.

Statutory Interpretation—Dead Man’s Statute.

In this case, the supreme court interpreted Colorado’s “Dead Man’s Statute” in light of recent amendments that removed language limiting the statute’s applicability to matters in which a decedent’s estate was a party. Discerning no ambiguity in the current version of the statute, the court held that these amendments expand the scope of the statute such that it is now applicable “in all civil actions.” The court also held that because the statute applies irrespective of the potential impact of a judgment on an estate, the existence of insurance coverage is not a factor militating for or against the applicability of the statute.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Strict Privity Rule Bars Claims Against Attorneys by Non-Clients

The Colorado Supreme Court issued its opinion in Bewley v. Semler on Monday, September 24, 2018.

Strict Privity—Standing—Pleading.

In this case, the supreme court considered whether the strict privity rule bars claims against attorneys by non-clients absent a showing of fraud, malicious conduct, or negligent misrepresentation. The court held that, absent any wrongdoing, the strict privity rule does bar claims against attorneys by non-clients because holding otherwise may force attorneys to place non-clients’ interests ahead of clients’ interests. Here, because Semler did not allege any fraud, malicious conduct, or negligent misrepresentation, he lacked standing to assert a breach-of-contract claim.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 9/25/2018

On Tuesday, September 25, 2018, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion.

United States v. Almarez

Case summaries are not provided for unpublished opinions.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