This is the bill that would prohibit employers, in most cases, from even looking at a job applicant’s credit history as part of the applicant screening process.  Even under current law, employers never see an applicant’s credit score or identifying account numbers.

Noteworthy by their absence were any witnesses claiming that an unflattering credit history had cost them a job.

Given some of the dubious coverage related to the bill, clearly implying that applicants with bad credit histories cannot get jobs, it was ironic that no real people showed up to make that claim to legislators.

Instead, the testimony was dominated by far-left ideologues, trial lawyers and labor unions who want to make employers prove their innocence in court — at considerable cost to employers and potential profit to labor lawyers.

Kudos to Senators Ellen Roberts (R-Durango), Steve King (R-Grand Junction), and Kevin Lundberg (R-Berthoud) for recognizing that SB 3 is a political solution in search of a real-world problem.

Once again, trial lawyers and their allies are devising new ways to sue Colorado’s job creators.  Colorado Civil Justice League is standing up for Colorado employers and opposing this new game of “Litigation Lottery.”

Senate Bill 3, sponsored by Sen. Morgan Carroll (D-Aurora) and Rep. Randy Fischer (D-Fort Collins), would give disgruntled job applicants and their attorneys the opportunity to sue employers who reviewed the applicant’s credit information as part of the hiring process.  The same goes for employees who are denied a promotion.

What that means is that Colorado job creators could be forced to prove their innocence — at a cost of thousands of dollars — any time a disappointed job applicant or disgruntled employee is denied a job or promotion.

The bill’s proponents demonstrate an overt hostility to Colorado employers.  According to one report, 60% of employers may consult an employee or applicant’s credit history.  That doesn’t mean credit history is the determining factor.  But when considering people who will have access to their customers’ personal financial information or who would be trusted with company resources or proprietary information, is it so unreasonable for employers to want to see the whole picture before they decide?

That’s why CCJL opposes SB 3 which will be heard in Senate Judiciary Committee on Monday, Feb. 13, at 1:30 p.m.

INTRODUCED

THIS WEEK

2/21 HOU Econ & Bus – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices

2/21 HOU Econ & Bus – HB 1134 (CCJL Opposes) Limitation on Employer Speech Rights

2/21 SEN Local Govt – SB 116 (CCJL Monitor) Cathonines as “Bath Salts”

2/22 HOU Local Govt – HB 1244 (CCJL Monitor) Governmental Immunity Claims Service

2/22 SEN Judiciary – SB 70 (CCJL Opposes) Limitations on Rental Contracts

2/23 HOU Judiciary – HB 1036 (CCJL Supports) Open Records Act Clarification

LAST WEEK IN COMMITTEE

PASSED (4-3) – SB 3 (CCJL Opposes) Permissible Use of Credit Information by Employers

KILLED (6-0) – SB 69 (CCJL Monitor) Time Limits for Civil Actions

KILLED (7-0) – SB 54 (CCJL Opposes) Disciplinary Actions in Health Care Employment

THIRD READING VOTES

PASSED (35-0) – SB 35 (CCJL Supports) Space Flight Liability Limits

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification

Sponsors: Rep. Jim KERR (R-Littleton)

Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.

Status: Heard in House Judiciary on Jan. 31, no vote taken pending amendments; re-scheduled for action only on Feb. 23.

CCJL Position:  SUPPORT

HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices

Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)

Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale.  Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.

Status: Scheduled in House Economic and Business Development on Feb. 21, morning.

CCJL Position:  MONITOR

HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire

Sponsors: Rep. Joe MIKLOSI (D-Denver)

Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).

Status: Assigned to House State, Veterans and Military Affairs.

CCJL Position:  OPPOSE

HOUSE BILL 1134 – Limitation on Employer Speech Rights

Sponsors: Rep. Don PABON (D-Denver)

Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.

Status: Scheduled in House Economic and Business Development on Tue., Feb. 21 at 1:30 p.m.

CCJL Position:  OPPOSE

HOUSE BILL 1244 – Governmental Immunity Claims Service

Sponsors: Rep. Ray SCOTT (R-Grand Junction), Sen. Joyce FOSTER (D-Denver)

Summary: Directs the Secretary of State to create a registry of contacts for local governments to identify the proper person to be served with claims under the Colorado Governmental Immunity Act.

Status: Scheduled for hearing in House Local Government on Wed., Feb. 22, morning.

CCJL Position:  MONITOR

SENATE BILL 3 – Permissible Use of Credit Information by Employers

Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)

Summary: Another attack on Colorado’s at-will employment policy, bill prohibits employers from using employee credit information for employment purposes, except (as amended in Senate Judiciary) for jobs in financial services and defense industries, and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.

Status: Amended and passed (4-3) by Senate Judiciary Feb. 13; calendared for Senate debate.

CCJL Position:  OPPOSE

SENATE BILL 35 – Space Flight Liability Limitation

Sponsors: Sen. Mary HODGE (D-Brighton)

Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.

Status: Amended and passed 6-0 (1 absent) by Senate Judiciary on Feb. 6; passed Senate (35-0) on Feb. 14; awaiting assignment to House committee.

CCJL Position:  SUPPORT

SENATE BILL 48 – Cottage Food Licensing and Liability

Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)

Summary: Exempts small producers of food products from retail licensing requirements.  Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.

Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; passed Senate 34-1 on Feb. 8; assigned to House Agriculture & Natural Resources.

CCJL Position:  SUPPORT

SENATE BILL 70 – Limits on Landlord/Tenant Rental Contracts

Sponsors: Sen. AGUILAR (D-Denver), Rep. Roger Wilson (D-Glenwood Springs)

Summary: Creates right for tenants to sue landlords for failure to act in “good faith.”  Limits right to contract by prohibiting certain provisions, such as leases for more than 12 months or allowing tenant to make certain minor repairs.  Prohibits landlord from terminating rental contract if landlord accepted partial payment and tenant fails to pay balance.  Prohibits security lien against tenant’s household goods.  Requires 60-day notice to terminate monthly lease.  Awards to tenant actual damages plus three months’ rent if landlord’s contract includes prohibited provisions.

Status: Scheduled for hearing in Senate Judiciary on Wed., Feb 22, at 1:30 p.m.

CCJL Position:  OPPOSE

SENATE BILL 116 – Bath Salts as Controlled Substances, Deceptive Trade Practices

Sponsors: Sen. Joyce FOSTER (D-Denver), Rep. J. Paul BROWN (R-Durango)

Summary: Establishes criminal penalties for sale of distributing, manufacturing, dispensing or selling cathinones (aka “bath salts”).  Defines sale of product containing cathonines as “bath salts” as a deceptive trade practice.

Status: Scheduled for hearing in Senate Local Government on Tue., Feb. 21, at 2 p.m.

CCJL Position:  MONITOR

PASSED/FAILED

HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance

Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)

Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee.  Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.

Status: Killed on 6-5 vote in House Local Government on Feb. 8.

CCJL Position:  OPPOSE

HOUSE BILL 1093 – Defective Appliance Replacement

Sponsors: Rep. John SOPER (D-Thornton)

Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.

Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.

CCJL Position:  OPPOSE

SENATE BILL 54 – Disciplinary Actions in Health Care Employment

Sponsors: Sen. Betty BOYD (D-Lakewood)

Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.

Status: Killed (7-0, 2 absent) in Senate Health and Human Services on Feb. 16.

CCJL Position:  OPPOSE

SENATE BILL 69 – Time Limits for Civil Actions

Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)

Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.

Status: Killed at sponsor’s request (6-0, 1 absent) in Senate Judiciary on Feb. 13.

CCJL Position:  MONITOR

UP IN COMMITTEE THIS WEEK
Mon 2/6 – SB 35 (Support) Space Flight Liability
Wed 2/8 – HB 1057 (Oppose) Replacement Costs for Homeowners Insurance
Thu 2/9 – HB 1116 (Monitor) Time Share Resale Deceptive Trade Practices

HEARD IN COMMITTEE LAST WEEK
No Vote Taken – HB 1036 (Support) Investigation Files & Open Records

ACTIVE BILLS

HOUSE BILL 1036 – Exempt Investigations from Open Records Act
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.
Status: Heard in House Judiciary on Jan. 31, no vote taken pending amendments.
CCJL Position:  SUPPORT

HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee. Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.
Status: Scheduled for hearing in House Local Government on Wed., Feb. 8, upon adjournment; also assigned to House State, Veterans and Military Affairs committees.
CCJL Position:  OPPOSE

HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices
Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale.  Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.
Status: Scheduled for hearing in House Economic and Business Development on Thu., Feb. 9, 1:30 p.m.
CCJL Position:  MONITOR

HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).
Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position:  OPPOSE

HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Assigned to House Economic and Business Development.
CCJL Position:  OPPOSE

SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, the bill prohibits employers from using employee credit information for employment purposes unless employee’s job involves access to money or asset-management decisions and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 13, at 1:30 p.m.
CCJL Position:  OPPOSE

SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 6, at 1:30 p.m.
CCJL Position:  SUPPORT

SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements.  Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; calendared for Senate debate.
CCJL Position:  SUPPORT

SENATE BILL 54 – Anyone Can Call the Shots at this Hospital
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Scheduled for hearing in Senate Health and Human Services on Thu., Feb. 16, at 1:30 p.m.
CCJL Position:  OPPOSE

SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 6, at 1:30 p.m.
CCJL Position:  MONITOR

PASSED/FAILED

HOUSE BILL 1093 – Defective Appliance Replacement
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.
CCJL Position:  OPPOSE

House Bill 1057 is one such bill. Promising “additional protections for purchasers of homeowner’s insurance,” the bill strips away a consumer’s choice to insure your home for a specific dollar value and instead requires that all homeowners policies provide coverage at full replacement value.

While it may be prudent to insure at full replacement value, it’s also more costly than if you currently have your $250,000 home insured for $200,000.  Prudent or not, that decision is a personal one best left to an individual or family – not dictated by state lawmakers.

That’s why CO-LAW and Colorado Civil Justice League are OPPOSED to HB 1057.

Click HERE to read CCJL’s Tracking the Legislature.

HOUSE BILL 1036 – Exempt Investigations from Open Records Act
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure.  Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.
Status: Assigned to House Judiciary.
CCJL Position:  SUPPORT

HOUSE BILL 1057 – Higher Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Purporting to provide “additional protections for purchasers of homeowner’s insurance policies,” the bill mandates that homeowners insurance policies cover the replacement value of a home – rather a specific dollar amount selected by the homeowner – and requires that policies provide for at least 24 months of “additional living expenses.”  Of course, more expensive coverage is, well, more expensive.
Status: Assigned to House Local Government and House State, Veterans and Military Affairs committees.
CCJL Position:  OPPOSE

HOUSE BILL 1093 – Defective Toaster Replacement Act
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Assigned to House Economic and Business Development.
CCJL Position:  OPPOSE

HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver?  Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position:  OPPOSE

HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Assigned to House Economic and Business Development.
CCJL Position:  OPPOSE

SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, the bill prohibits employers from using employee credit information for employment purposes unless employee’s job involves access to money or asset-management decisions and allows a person “injured” by a violation to file a lawsuit against the employer.  Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Assigned to Senate Judiciary.
CCJL Position:  OPPOSE

SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Assigned to Senate Judiciary.
CCJL Position:  SUPPORT

SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements.  Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Assigned to Senate Agriculture & Natural Resources.
CCJL Position:  SUPPORT

SENATE BILL 54 – Anyone Can Call the Shots at this Hospital
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Assigned to Senate Health and Human Services.
CCJL Position:  OPPOSE

SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Assigned to Senate Judiciary.
CCJL Position:  MONITOR

The high court reversed the decision of the trial judge, who granted Wal-Mart a new trial, ruling that the driver’s attorneys failed to disclose a key document that unfairly prejudiced the jury.

In a 4-2 decision (with a seventh justice recusing herself), the majority ruled that plaintiffs’ attorneys were not required to disclose the document – a report from the City of Greeley – because it was a “public document . . . equally available to all parties.”

Beneath the radar, however, Justice Monica Marquez — whose nomination to the court received a positive recommendation from CCJL’s Legal Advisory Board — authored a concurring opinion that demonstrated a keen eye for subtle distinctions in the letter of the law.

Marquez concurred in the majority’s decision that Wal-Mart wasn’t entitled to a new trial because, in layman’s terms, its attorneys didn’t ask for a new trial until the jury ruled against them to the tune of $15 million.

“Wal-Mart made a strategic decision to proceed with the trial and abruptly change its defense strategy,” Marquez wrote.  “Wal-Mart cannot have it both ways and claim it was deprived of a fair trial now that the jury has returned a verdict against it.”

However, Marquez and Justice Nathan Coats parted company with the majority’s opinion that relevant public documents need not be disclosed to the opposing party.

“Today the majority carves a broad new exception to a party’s mandatory disclosure obligation under (the rule),” she writes, “an exception that . . . finds no support in the plain language of Rule 26.)

“The majority relies on several cases from other jurisdictions. . . .  “Upon closer inspection, these cases actually address a party’s obligation to produce publicly available documents; they say nothing of a party’s obligation to disclose.”

Although Justice Marquez reached the same ultimate conclusion as to the outcome of the case, the “rookie” on the court gracefully revealed the sloppiness of the majority’s argument and demonstrated her own rigorous, independent analysis of the law and the facts.

Award-winning legislators were formally recognized at CCJL’s Annual Awards Luncheon, which featured keynote speaker Walter Olson, editor of the popular website Overlawyered.com.

“CCJL awards legislators who take a stand against abusive lawsuits,” said Jeff Weist, legislative director of CCJL.

This year’s winners:

Representatives
Rep. David Balmer
Rep. Mark Barker
Rep. Randy Baumgardner
Rep. Don Beezley
Rep. Laura Bradford
Rep. J. Paul Brown
Rep. Edward Casso
Rep. Kathleen Conti
Rep. Don Coram
Rep. Brian DelGrosso
Rep. Bob Gardner
Rep. Cheri Gerou
Rep. Chris Holbert
Rep. Janak Joshi
Rep. Jim Kerr
Rep. Larry Liston
Rep. Marsha Looper
Rep. Tom Massey
Rep. Wes McKinley
Rep. Frank McNulty
Rep. Carole Murray
Rep. B.J. Nikkel
Rep. Kevin Priola
Rep. Robert Ramirez
Rep. Jim Riesberg
Rep. Sue Schafer
Rep. Ray Scott
Rep. Jerry Sonnenberg
Rep. John Soper
Rep. Amy Stephens
Rep. Ken Summers
Rep. Spencer Swalm
Rep. Keith Swerdfeger
Rep. Libby Szabo
Rep. Glenn Vaad
Rep. Mark Waller

Senators
Sen. Greg Brophy
Sen. Bill Cadman
Sen. Kevin Grantham
Sen. Ted Harvey
Sen. Steve King
Sen. Keith King
Sen. Mike Kopp
Sen. Kent Lambert
Sen. Kevin Lundberg
Sen. Shawn Mitchell
Sen. Scott Renfroe
Sen. Ellen Roberts
Sen. Mark Scheffel
Sen. Nancy Spence
Sen. Jean White

“At CCJL, we are grateful for the bipartisan support of legislators who understand the importance to Colorado’s economy of a court system that promotes fairness and follows the rule of law,” Weist added.

This year, the General Assembly confronted several attempts to increase litigation, including a bill that would provide new opportunities for employees to sue employers.

Another anti-business measure claimed to hold drunk drivers financially accountable for damages or injuries.  However, the measure did almost nothing to deter drunk drivers and instead was simply a ploy to allow for lawsuits against employers and auto manufacturers.

CCJL also supported a bill to overturn a bizarre 4-3 decision by the Colorado Supreme Court which ruled that injured persons could recover medical expenses that they never actually paid or owed.

If ever a case demonstrated the audacity of personal injury lawyers and their clients, the Colorado Supreme Court will soon consider such a case in Levy v. American Family.
In 2004, Susan Levy was a passenger in a vehicle involved in an accident.  Levy was injured, and Jessica Fink, driver of the other vehicle, was found to be at fault.

American Family Insurance insured the driver of the vehicle in which she was riding and paid $18,838 toward Levy’s medical expenses.

Levy then asked American Family for permission to settle her remaining claims with Fink and her insurer.  American Family granted Levy permission to settle and waived its contractual right to be reimbursed by Fink’s insurer for Levy’s medical costs.  Levy settled with Fink and her insurer for an additional $23,763.

Levy, represented by attorney Gregory Chernushin, sued American Family for additional damages, and an arbitration panel found that her damages totaled $77,500.  American Family accepted the arbitrator’s calculation and simply asked to deduct the amounts it had already paid for Levy’s medical treatment and the damages that Levy received from Fink’s insurer – leaving a balance of $34,898 to be paid to Levy.

Audaciously, Levy sued for the full amount, asserting that she was entitled to be paid twice for medical treatment and other damages that American Family and Fink’s insurer had already paid.

(Remember that American Family could have received $18,838 from Levy when she settled with Fink’s insurer but instead waived that right, allowing Levy to keep the full settlement.)

Fortunately, the Colorado Court of Appeals rejected Levy’s claim, but she and her attorney are now appealing to the Supreme Court.

If Levy and her attorney have their way, she would receive $138,038 in compensation for just $77,500 in damages.