Gary Holmes’ s vacation home was damaged when a rubber hose that was part of an embedded heating system began to leak in 1993. After the hose continued to leak for several years, despite numerous repairs, Holmes replaced the entire heating system in 2001 and 2002. In a suit against the manufacturer of the hose, The Goodyear Tire & Rubber Company ("Goodyear"), Holmes sought and recovered the cost... More...   $0 (10-09-2008 - co)

This interlocutory appeal asks us to determine whether the class action tolling doctrine, originally announced by the Supreme Court in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), applies when an individual member of a putative class pursues an independent, individual claim before the district court has decided the class certification issue but after a non-tolled statute of limit... More...   $0 (09-17-2008 - CO)

Mr. Bobby Maxwell, a senior auditor for the United States Department of the Interior, brought this qui tam action against oil and gas producer Kerr-McGee Oil & Gas Corporation for defrauding the federal government by underpaying royalties for federal offshore oil leases. After the jury returned a $7.5 million verdict for Mr. Maxwell, the district court reversed its prior ruling on whether the cour... More...   $0 (09-11-2008 - CO)

Jeff and Julie P. contend that the Thompson R2-J School District failed to provide their autistic son Luke with the educational services guaranteed to him by the Individuals with Disabilities Education Act (“IDEA”) because of the difficulty he experiences in generalizing skills learned in the school setting to the home and other environments. They also assert that, given the severity of some o... More...   $0 (08-29-2008 - CO)

Plaintiffs Mark Shook and Dennis Jones, along with several intervenors, appear before us for the second time to contest the district court’s denial of their motion to certify a class action consisting of all present and future mentally ill inmates at Colorado’s El Paso County Jail. In their first appeal, we held that in denying class certification the district court erred by relying on the jur... More...   $0 (09-09-2008 - CO)

Plaintiff-Appellant Nicholas Sytsema brought suit, by and through his parents, against the Academy School District for reimbursement for his educational expenses pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., (“IDEA” or the “Act”). The district court concluded that the Sytsemas were entitled to reimbursement for their expenses for the 2001–2002 ac... More...   $0 (08-31-2008 - CO)

The plaintiffs, Shane Paul, Steven Bussone, Dale Stewart, Kenneth Hinzman, and William Meck,1 are individual truck drivers. They brought suit contending the defendant, USIS Commercial Services, Inc., violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681x, in its procurement and dissemination of their employment histories. They claimed that USIS failed to comply with FCRA’s noti... More...   $0 (08-22-2008 - CO)

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (08-08-2008 - CO)

Plaintiff-Appellant Melinda K. Carney (“Carney”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee the City and County of Denver (“the City”), in relation to her claims of racial discrimination and retaliation arising under 42 U.S.C. § 1981. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. BACKGROUND

Ms. Carney is a... More...   $0 (07-24-2008 - CO)

The case before us turns on whether an insurance broker has the responsibility to advise an insured to procure excess uninsured/underinsured motorist (“UM/UIM”) coverage in an umbrella policy in addition to coverage selected in the underlying automobile policy. In this removed diversity case, Plaintiffs-Appellants Marla Sewell and her minor daughter Brooke Sewell appeal from the district court... More...   $0 (08-08-2008 - CO)

Scott L. Howard appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action against several Colorado Department of Corrections (“CDOC”) employees.1 Howard alleges that defendants knew that he had been sexually assaulted by members of a prison gang, but despite this they failed to protect him from future harm by the gang. Although he reported his fears to prison office... More...   $0 (07-30-2008 - CO)

Plaintiff-Appellant Melinda K. Carney (“Carney”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee the City and County of Denver (“the City”), in relation to her claims of racial discrimination and retaliation arising under 42 U.S.C. § 1981. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. BACKGROUND

Ms. Carney is a ... More...   $0 (07-30-2008 - CO)

This case concerns the protective scope of the “discharge injunction” created by 11 U.S.C. § 524(a)(2), which bars efforts to collect personal debts from debtors after they have been discharged in bankruptcy.1 In an adversary proceeding brought by former debtors Rudy and Carol Paul, the bankruptcy court held that Tammy Iglehart violated the discharge injunction when, in state court litigation... More...   $0 (07-30-2008 - CO)

Verex, Inc. sued PR Pharmaceuticals, Inc., Steven Howe and Dr. Patrick Bols on breach of fiduciary duties theories.

The defenses asserted by defendants are not available.... More...   $1300000 (07-25-2008 - CO)

Plaintiffs Wilderness Workshop, High Country Citizens’ Alliance, Western Colorado Congress, Western Slope Environmental Resource Council, Center for Biological Diversity, and Board of County Commissioners for Pitkin County (Colorado) filed suit challenging a decision by defendants, the United States Bureau of Land Management (BLM) and the United States Forest Service (Forest Service), authorizin... More...   $0 (07-14-2008 - CO)

Morrison Knudsen Corporation (“MK”), a federal contractor, terminated its subcontractor, Ground Improvement Techniques, Inc. (“GIT”) for an alleged default and sued GIT for damages. GIT counterclaimed for wrongful termination. The case initially went to trial in November of 1996. Concluding the termination was wrongful, the jury awarded GIT $5.6 million. The case was appealed to this court... More...   $0 (07-14-2008 - CO)

In this appeal, William Kancilia challenges the court of appeals' conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia's creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy's trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He claimed his disability insurance payments as exempt p... More...   $0 (06-23-2008 - CO)

In this case we address the procedures for revival of a judgment that are set forth in C.R.C.P. 54(h). We hold that when a motion to revive a judgment is filed in sufficient time for the procedures of C.R.C.P. 54(h) to be completed before the expiration of the original judgment, but court delays prevent a revived judgment from being entered before the judgment's expiration, then a revived judgment... More...   $0 (06-15-2008 - CO)

At issue in this case is whether an indigent defendant must post a judgment bond as a precondition for appealing an adverse money judgment from the county court to the district court. Petitioner Renee Bryant argues that section 13-16-103, C.R.S. (2007), allows her as an indigent party to appeal the default judgment obtained against her by Respondent State Farm Mutual Automobile Insurance Company (... More...   $0 (06-13-2008 - CO)

BP America sought review of the court of appeals' judgment reversing an order of partial summary judgment in its favor. See Patterson v. BP Am. Prod. Co., 159 P.3d 634 (Colo. App. 2006). The district court found that the claims of the respondent royalty owners for underpayment of natural gas royalties accrued when the payments became due and were therefore barred by the applicable statute of limit... More...   $0 (06-15-2008 - CO)

In his amended complaint, Mr. Erlandson asserted that the district court had jurisdiction over his case pursuant to "[t]he [United States] ... More...   $0 (06-11-2008 - CO)

Plaintiff-appellant James McGrath sued his former employer, Central Masonry Corporation (Central), for failure to pay overtime compensation in violation of the Fair Labor Standards Act, 29 U.S.C. § 207 (FLSA), and also asserted a claim under the Colorado Wage Claim Act, C.R.S. §§ 8-4-101 through 8-4-123, for Central's failure to pay him the balance of a bonus upon his separation from employme... More...   $0 (05-01-2008 - CO)

This case involves a dispute over the validity of and payment due under a contract between Cross Country Land Services (hereinafter "Cross Country") and PB Network Services (hereinafter "PBNS"). The payments sought under the contract were alleged to be due for work performed by Cross Country on a large fiber optic telecommunications project (hereinafter "the Project") owned by Level 3 Communi... More...   $0 (05-02-2008 - CO)

This appeal arises out of Tabernash Meadows, LLC's (Tabernash) failed attempt to create a subdivision called Pole Creek Valley in Grand County, Colorado. Robert Yaklich, the founder and sole owner of Tabernash, filed suit against various defendants, who moved to dismiss. The district court granted the motions. We AFFIRM in part, REVERSE in part, and REMAND as set forth in this Order and Judgm... More...   $0 (05-12-2008 - CO)

Plaintiffs Patrick and Vicki Van Zanen appeal the dismissal of their claim for unjust enrichment against Qwest Wireless, LLC; Qwest Services Corporation; and Qwest Communications International, Inc. (collectively, Qwest). The Van Zanens, who are Arizona residents, allege that Qwest has acted as an unlicensed seller of insurance in violation of the laws of Arizona and 13 other states where it ... More...   $0 (04-18-2008 - CO)

Defendants-Appellants Joseph P. Nacchio and Robert S. Woodruff, the former Chief Executive Officer and Chief Financial Officer of Qwest Communications International, Inc. ("Qwest"), respectively, appeal the district court's approval of a class action settlement in a securities fraud case. The settlement was negotiated between the Plaintiff-Appellee class, including lead plaintiffs New England... More...   $0 (04-03-2008 - CO)

Habecker then brought this federal civil rights suit against the Town and members of... More...   $0 (03-14-2008 - CO)

While delivering a licensing notice to a kennel business, Denver business license inspector Richard Berney physically assaulted Reed Williams and Marcy Albin, co-owners of the business. Williams and Albin sued Berney and his employer, the City and County of Denver, alleging the assaults violated their procedural and substantive due process rights under 42 U.S.C. § 1983. They also alleged stat... More...   $0 (03-21-2008 - CO)

On January 23, 2002, Mr. Mo... More...   $0 (03-12-2008 - CO)

The Plaintiff, Sharon R. Baker ("Baker"), brings this action against her former employer, EchoStar Communications Corporation; EchoSphere, L.L.C.; and EchoStar Satellite, L.L.C. ("EchoStar"), to remedy: (1) hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (Title VII); (2) gender discrimination by EchoSt... More...   $0 (03-08-2008 - CO)

This original proceeding arises out of Plaintiff Sanctuary House, Inc.' s claims that Defendants Garrison Krause, Silvia Jimenez Krause, and Rancho Pacifico, S.A. failed to convey to it real estate located in Costa Rica as required by the parties' purchase agreement. Sanctuary House brought suit against Defendants in Chaffee County District Court seeking rescission of the parties' contract, damage... More...   $0 (03-05-2008 - CO)

In this adverse possession case, we review the court of appeals' opinion in Matoush v. Lovingood, 159 P.3d 741 (Colo. App. 2006) .1 There, the court of appeals concluded that the trial court applied the wrong legal standard to a claim to terminate an easement by adverse possession.2 The easement at issue here creates a right-of-way across Respondents David and Debra Lovingood' s property for acces... More...   $0 (03-03-2008 - CO)

In this case we address whether the plaintiff, Douglas M. McKenna, has standing to assert in Colorado state court an assigned claim for violation of the facsimile transmission provisions of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (2003) . This issue was raised for the first time on appeal to our court. Applying Colorado state law, we find that a claim for liquidated damages u... More...   $0 (03-04-2008 - CO)

From 1995 to 2003, John Salazar served as the elected sheriff of Huerfano County, Colorado, responsible for the management and supervision of the Huerfano County Jail. In 1998, two independent incidents of sexual assault occurred in the jail, both perpetrated by male detention officers against female inmates. In Gonzales v. Martinez, 403 F.3d 1179 (10th Cir. 2005), we found evidence that thes... More...   $0 (02-29-2008 - CO)

Clancy Systems International sought review of the court of appeals' unpublished opinion reversing the district court's summary judgment against Salazar. The district court ruled that Salazar' s common law tort claims, for losses caused by Clancy' s insistence upon placing a restrictive legend on a stock certificate issued to Salazar, had been displaced by provisions of Colorado's Uniform Commercia... More...   $0 (02-20-2008 - CO)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Plaintiff and appellee the Equal Employment Opportunity Commission ("EEOC") and an individual, plaintiff and ... More...   $0 (02-04-2008 - CO)

Plaintiff is a former employee of defendant Denver Health and Hospital Authority, and she filed suit against defendant under Title ... More...   $0 (02-04-2008 - CO)

Carolyn May, a Colorado resident and passenger injured in a motor vehicle accident, sued the insurer of the vehicle, Travelers Property Casualty Company of America (Travelers), a Connecticut corporation. Mrs. May sought reformation of the insurance policy for added personal injury protection (APIP) benefits in conjunction with the now repealed Colorado Auto Accident Reparations Act, Colo. Rev... More...   $0 (02-04-2008 - CO)

Plaintiff-appellee DirecTV,... More...   $0 (02-05-2008 - CO)

Mr. Hubbard, a white male born in August 1951, was an employee of USAA from 1991 until mid-2004, whe... More...   $0 (02-07-2008 - CO)