The Colorado Supreme Court’s highly anticipated rulings in four class actions were announced earlier today. Here are links to the opinions. I’ll have more commentary on the four decisions soon: No. 09SC668 – Jackson v. Unocal Corp. – Judgment Reversed (class certification upheld) - Addresses the burden of proof on class certification. No. 09SC1080 – Garcia v. [...]
Archive for the ‘Colorado Class Action News’ Category
Colorado Supreme Court Issues Four Decisions Addressing Class Action Issues
Posted in Class Action Decisions, Class Action News, Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged asbestos, bp america, burden of proof, causation, class cert, class certification, class-wide proof, colorado supreme court, common evidence, common proof, crcp 23, garcia, jackson, medved, patterson, preponderance, reliance, reyher, rigorous analysis, rule 23, state farm, unocal on October 31, 2011 | Leave a Comment »
Audio for Colorado Supreme Court Arguments on Class Actions Available
Posted in Class Action News, Colorado Class Action News, rule 23, tagged causation, colorado class action, colorado supreme court, consumer fraud, garcia, medved, patterson, pb america, presumed reliance, reliance on March 1, 2011 | Leave a Comment »
The audio feeds for the arguments in three of the four class-action related cases heard today by the Colorado Supreme Court are now available on the court’s website. Here are some links: 09SC1080 Garcia v. Medved 10SC214 BP America v. Patterson 10SC77 – State Farm v Reyher
Colorado Supreme Court to Hear Oral Argument in Four Class Action Cases
Posted in Class Action News, Colorado Civil Procedure, Colorado Class Action News, tagged c.r.c.p. 23, class certification, class certification standard, colorado class action, colorado rules of civil procedure, colorado supreme court, common proof, crcp 23, daubert, fraud on the market, presume reliance, presumed reliance, presumption of reliance, rigorous analysis, schrek on February 28, 2011 | Leave a Comment »
Matt Masich of Law Week Colorado has a good article out today previewing oral arguments scheduled for tomorrow in four class-action related cases. The outcome of these cases could have a dramatic effect on class action practice in the state. The issues to be considered include the proper standard for reviewing class certification, the burden of proof on class certificeation, the [...]
More on Colorado Class Action Trends from the Wash Park Prophet
Posted in Class Action Trends, Colorado Class Action News, Other class action blogs, tagged class action judges, class action litigation, Class Action Trends, colorado class action, colorado class action filings on December 1, 2010 | Leave a Comment »
In October, Colorado attorney and Wash Park Prophet blogger Andrew Oh-Willeke asked whether there were any statistics on class action filing in the state and federal courts in Colorado. I responded by providing the raw data on class action filings that I could find through the Court News Service (see October 15, 2010, CAB Post entitled Colorado [...]
Colorado Class Action Filing Trends
Posted in Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, tagged CAFA, class action statistics, colorado class action, colorado class action filings, colorado class action statistics, colorado class action trends, removal on October 15, 2010 | 2 Comments »
I must have more readers than I thought, and some quality readers at that! Andrew Oh-Willeke, Denver lawyer and author of the blog Wash Park Prophet, posted this question as a comment to one of my recent posts, and it seemed like a great topic deserving of its own post: Do you know of any [...]
Another Common Reliance Theory Fails in Colorado
Posted in Class Action Decisions, Colorado Class Action News, tagged affiliated ute, benzing, common proof, consumer class action, consumer fraud, fraud on the market, presumed reliance on November 12, 2009 | Leave a Comment »
In April, the Colorado Supreme Court decided Farmers Ins. Exchange v. Benzing, 206 P.3d 812 (Colo. 2009), in which it rejected the “fraud on the market” theory of reliance in a consumer class action. Now, Garcia v. Medved Chevrolet, Inc., No. 09CA1465 (Colo. Ct. App., Nov. 12, 2009), the Colorado Court of Appeals has rejected the [...]
Colorado Supreme Court Rejects “Fraud on the Market” Theory in Consumer Insurance Class Action
Posted in Class Action Decisions, Colorado Class Action News, Consumer Class Actions, tagged affiliated ute, consumer class action, fraud on the market, loss causation, presumed reliance, presumption of reliance, price inflation, securities class action on April 27, 2009 | 4 Comments »
The Colorado Supreme Court issued one of its most significant class action decisions in recent years today in Farmers Ins. Exch. v. Benzing, No. 07SC483 (Colo., April 27, 2009), rejecting the so-called “fraud on the market” theory of reliance and loss causation in an insurance class action. Justice Bender authored the decision on behalf of [...]
Colorado Supreme Court Hears Argument in “Fraud on the Market” Consumer Class Action
Posted in Class Action News, Class Action Trends, Colorado Class Action News, tagged benzing, class certification, colorado consumer protection act, colorado supreme court, consumer fraud, consumer protection, fraud on the market, presumption of reliance, price inflation, pritchard, reliance on December 3, 2008 | Leave a Comment »
The Colorado Supreme Court held oral argument today in the case of Farmers Insurance Exchange v. Benzing, No. 07SC483. Audio of the argument is now available at the Colorado Supreme Court’s website. Among the issues in the case is whether the “fraud on the market” theory, and other presumptions of reliance recognized in securities cases, applied [...]
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Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado
Posted in Class Action Decisions, Class Action Trends, Colorado Civil Procedure, Colorado Class Action News, Commentary, tagged bp america, class action, class certification, colorado, colorado supreme court, conditional certification, crcp 23, decertification, dukes, frcp 23, garcia, jackson, medved, patterson, reyher, rigorous analysis, rule 23, state farm, unocal, wal-mart on November 2, 2011 | 1 Comment »
Ever since the U.S. Supreme Court issued its decisions in Smith v. Bayer and Wal-Mart Stores, Inc. v. Dukes, I have wondered aloud whether we would start to see a significant divergence between the standards applicable to class certification in the state and federal courts. (See the Parting Thoughts Section of this August 31 SCOTUSBlog Post). My home state [...]
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