CCJL announces support for bills to address construction litigation costs

Tuesday, February 07, 2017

Supports Senate Bills 45 & 156

Recognizing the importance of addressing Colorado's construction litigation problem, Colorado Civil Justice League is supporting both Senate Bill 45 (sponsored by Sen. Angela Williams, Senate President Kevin Grantham, Rep. Cole Wist and Speaker Crisanta Duran) and Senate Bill 156 (sponsored by Sen. Owen Hill, Rep. Lori Saine and Rep. Cole Wist).

"Both of these bills represent small steps toward resolving known factors that drive up construction costs and make homeownership unaffordable," stated CCJL executive director Mark Hillman.

"Neither bill is a panacea, and both may require amendment. However, it is vitally important to keep all potential solutions moving forward."

CCJL commends the sponsors of these bills for engaging in bipartisan efforts to help homeowners obtain satisfaction when they encounter a legitimate construction defect and to help contractors and subcontractors find relief from runaway litigation costs.


 

 

Colorado Supreme Court called 'point of light' for plausibility decision

Thursday, December 22, 2016

A decision by the Colorado Supreme Court to adopt the federal plausibility pleading standard in civil litigation earned a rare "point-of-light" designation from the American Tort Reform Association in its annual Judicial Hellholes report, which routinely excoriates the worst examples of state courts stretching the law, logic and common sense to advance frivolous lawsuits.

In a 4-3 decision authored by Justice Nathan Coats, the court dismissed a plaintiff's lawsuit for "failure to state a plausible claim for relief." Under the former "notice pleading" standard, plaintiffs were not required to state a plausible claim.

Think about that for a minute. Prior to this decision, a lawsuit could continue even if the plaintiff's claim was not plausible.

"It's regrettable that this common sense decision resulted in a 4-3 split on the high court," stated Mark Hillman, executive director of Colorado Civil Justice League which advocates for "common sense in the courtroom."


Joining Justice Coats in the majority were Chief Justice Nancy Rice and Justices Allison Eid and Brian Boatright. Dissenting were Justices Richard Gabriel, William Hood III and Monica Marquez.

CCJL submitted a friend-of-the-court brief - authored jointly by Jordan Lipp and Geoffrey Klingsporn of Davis Graham & Stubbs and by Evan Stephenson and Thomas Werge of Wheeler Trigg O'Donnell - in support of the plausibility standard.

 

Legislators win CCJL's Common Sense in the Courtroom Awards

Monday, September 19, 2016

DENVER — Colorado Civil Justice League has announced winners of its Common Sense in the Courtroom Awards, given to state legislators who have demonstrated a commitment to curtailing lawsuit abuse.

Awards will be presented at CCJL’s Legislative Awards Luncheon on Tuesday, Oct. 18 at the Denver Four Seasons. Tickets are available at www.CCJL.org.

CCJL is the only organization in Colorado exclusively dedicated to stopping lawsuit abuse while preserving a system of civil justice that fairly compensates legitimate victims.

“Common Sense in the Courtroom requires justice for those who have been wronged, balanced by fairness for those who may be wrongfully accused,” said CCJL executive director Mark Hillman.

While this year’s legislature didn’t advance significant tort reform, a bi-partisan coalition of legislators derailed several bills that would create more litigation, such as enshrining a new right for homeless people to sue for privacy, assigning arbitrarily liability for earthquakes to oil and gas operations, and subjecting employers to costly lawsuits simply for asking typical interview questions.

"At CCJL, we are grateful for the bipartisan support of legislators who understand the importance of an efficient and balanced court system to our state's economy," said Jeff Weist, CCJL legislative director.

Common Sense in the Courtroom Award recipients include:

  • Representatives Jeni Arndt (Fort Collins), Jon Becker (Fort Morgan), J. Paul Brown (Ignacio), Perry Buck (Greeley), Terri Carver (Colorado Springs), Kathleen Conti (Littleton), Don Coram (Montrose), Brian DelGrosso (Loveland), Tim Dore (Elizabeth), Justin Everett (Littleton), Steve Humphrey (Severance), Janak Joshi (Colorado Springs), Tracy Kraft-Tharp (Arvada), Lois Landgraf (Fountain), Polly Lawrence (Douglas County), Tim Leonard (Evergreen), Paul Lundeen (Monument), Clarice Navarro-Ratzlaff (Pueblo West), Patrick Neville (Franktown), Dan Nordberg (Colorado Springs), Dan Pabon (Denver), Kevin Priola (Brighton), Bob Rankin (Carbondale), Kim Ransom (Douglas County), Paul Rosenthal (Denver), Kit Roupe (Colorado Springs), Lori Saine (Firestone), Dan Thurlow (Grand Junction), Kevin Van Winkle (Highlands Ranch), Ed Vigil (Fort Garland), Yeulin Willett (Grand Junction), Angela Williams (Denver), Jim Wilson (Salida), Joann Windholz (Commerce City) and Cole Wist (Centennial).
  • Senators Randy Baumgardner (Hot Sulphur Springs), Bill Cadman (Colorado Springs), John Cooke (Greeley), Larry Crowder (Alamosa), Kerri Donovan (Vail), Leroy Garcia (Pueblo), Kevin Grantham (Canon City), Owen Hill (Colorado Springs), Mary Hodge (Brighton), Chris Holbert (Parker), Cheri Jahn (Wheat Ridge), Kent Lambert (Colorado Springs), Kevin Lundberg (Berthoud), Vicki Marble (Fort Collins), Beth Martinez Humenik (Thornton), Tim Neville (Littleton), Ellen Roberts (Durango), Mark Scheffel (Parker), Ray Scott (Grand Junction), Jerry Sonnenberg (Sterling), Jack Tate (Centennial) and Laura Woods (Arvada).
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