10 results for 'judge:"Schutz"'.
J. Schutz finds that even though the law firm failed to disclose a conflict of interest in representing both the mother and absent father during probate and civil proceedings related to the wrongful death of their son, its misconduct was not so egregious that it precluded an award of attorney fees for work completed before the mother terminated the parties' contingency agreement. The firm engaged in significant advocacy for the estate and eventually earned the largest financial settlement in Colorado history. However, because it did not technically complete all of the work required under the contingency agreement, it was not entitled to 40% of the settlement amount, but will instead be awarded $1.4 million in fees. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: May 9, 2024, Case #: 2024COA50, Categories: Attorney Fees, Contract
J. Schutz finds the Colorado Noise Abatement Act does not preempt local governments from issuing amplified noise permits and so the lower court properly granted the motion for summary judgment filed by the city and bar. The Act does not limit the issue of such permits to events hosted by municipalities or nonprofit entities and, therefore, allows private businesses to obtain exemptions from noise pollution standards. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: March 7, 2024, Case #: 2024COA25, Categories: Government, Preemption, Zoning
J. Schutz finds that while the prosecution was expected to have an estimate for restitution prior to defendant's sentencing on theft and property damage charges, its failure to do so did not prejudice defendant because its request was submitted prior to the expiration of the 90-day statutory deadline. Therefore, any error by the prosecution or the trial court for its failure to require an estimate prior to sentencing was harmless and the restitution order is upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA19, Categories: Theft, Restitution
J. Schutz finds the censure of the trustee during an executive session by the board of trustees constituted a formal action by the board because it implicated public concerns and would affect the town at large. Therefore, the action violated the Colorado Open Meetings Law because it was not conducted in a public session and the lower court erroneously denied the trustee's motion for summary judgment. On remand, the lower court is ordered to enter a judgment to declare the censure void and award reasonable attorney fees to the trustee. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA18, Categories: Government, Public Record, Attorney Fees
J. Schutz finds that in class actions where a request for class certification is denied, the lead plaintiff may still bring an individual claim against the defendant, and because there were questions of fact in this case as to whether the lead plaintiff suffered damages under the Colorado Consumer Protection Act, his claim will be reinstated. Although the lead plaintiff was reimbursed by his credit card company for unauthorized monthly charges assessed by the charity, the charity provided no evidence to prove it had made payments to the credit card company and, therefore, can be held liable for damages. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 15, 2024, Case #: 2024COA16, Categories: Damages, Consumer Law, Class Action
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J. Schutz finds the lower court erroneously granted the mother's motion to dismiss the father's request to return the couple's child to Mexico under the Hague Abduction Convention. Although the mother was granted custody of the child during divorce proceedings, the father did not relinquish all of his "patria potestas" rights under Mexican law. Nothing in the divorce decree constitutes an explicit concession of the father's parental rights and so the case must be remanded to the trial court to allow for consideration of the merits of the father's claims. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: January 4, 2024, Case #: 2024COA2, Categories: Family Law, International Law
J. Schutz finds the state met its burden to disprove defendant's heat of passion sentence mitigator. Although he shot the victim during an intimate interaction with his wife, there was evidence defendant waited in the parking lot of a gym to discover the pair and he made a statement to the victim about messing with married women, which indicated premeditation. Furthermore, the exclusion of a disruptive livestream participant during the trial did not violate defendant's right to a public trial. It did not act as a closure of the courtroom and the participant could still attend proceedings in person, while there was also no evidence the participant was related or connected in any way to defendant or his family. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: December 28, 2023, Case #: 2023COA124, Categories: Constitution, Fair Trial, Murder
[Consolidated.] J. Schutz finds the trial court erred in granting a utility immunity to a personal injury claim based on a provision of the tariff that lays out the prices, rules, regulations and policies the utility must follow. The tariff sounds in contract and cannot be used to let the utility avoid all common law liability. The High Voltage Safety Act's requirement that the utility be notified prior to work near high voltage lines applies to contractors, not their employees. So the Act does not bar the worker's claim but his employer's failure to provide notice to the utility triggered the Act's indemnification provision. The trial court can use its discretion regarding costs once all claims are resolved. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: July 13, 2023, Case #: 22CA0301, Categories: Negligence, Attorney Fees
J. Schutz finds that the lower courts properly held that a workers' compensation claimant failed to timely file for a division-sponsored independent medical examination to challenge a final admission of liability. A final admission of liability is valid even if the permanent partial impairment rating of zero was arrived at without an in-person examination. An in-person examination is better, but relying solely on the medical record affects the final determination's persuasiveness, not its validity. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: June 29, 2023, Case #: 22CA1663, Categories: Administrative Law, Workers' Compensation
J. Schutz finds that the trial court properly denied defendant's claims that two jurors were stricken from his felony menacing trial due to race. Also, he was not entitled to have jurors questioned about their race and ethnicity or given an implicit bias instruction. Evidence that a victim of the menacing was a drug dealer was properly excluded as improper character evidence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: June 1, 2023, Case #: 20CA2145, Categories: Firearms, Jury Instructions