Litigation

Suing the state is complicated, as only some claims are allowed. Also, there are some steps that you must take to give notice first, as well as some dangers.

The recently decided case of Hawg Tools v. Newsco offers some valuable lessons on defending a case in the appellate courts.

A two-part resource about how to request attorney fees at the Colorado Court of Appeals, focusing on the required procedure for doing so.

A multi-chapter resource about when to file a cert petition, looking at how to evaluate factors that may it more likely for cert to be granted, as well as the strategy of filing for cert.

What are my odds of winning on appeal? Telios Law explains how standards of review used in appellate courts may help figure out the odds of reversal on appeal.

A multi-chapter resource about the pros and cons of handling the appeal yourself as trial counsel, handing the case over to appellate counsel, and whether there is any better solution.

At the Colorado Court of Appeals, any party can ask for the chance to present their case before the court at oral argument. But should you? While ultimately the decision whether oral argument is granted is up to the court, the initial decision of whether to ask in the first place brings up an even bigger topic. Does oral argument really ever makes a difference in the case?

Waiving an argument on appeal is usually a bad thing. Here are seven things NOT to do if you want to set your case up for success on appeal. We’ve also included some practice tips to help avoid these pitfalls in future cases.

Recovered memory therapy continues to be a controversial topic, with experts debating about whether it is valid. As a legal matter, this controversy has slowly spilled over into an increased risk of liability for the therapist who chooses to use the technique. More and more states are holding that parents of children who recover memories of sexual abuse can sue the child’s therapist because the therapist has helped to create false allegations against them. Michigan is the latest jurisdiction to affirm the right of a child’s parent to sue the child’s therapist.

The Colorado Supreme Court has been hard at work, handing down multiple changes to the Colorado Appellate Rules. Some changes were significant. Others were minor. The most notable change to the Colorado Appellate Rules was to Rule 3.4: Appeals from Proceedings in Dependency or Neglect. For cases filed after July 1, 2016, appeals from these proceedings will get a major overhaul. Here are some of the significant changes in the rules.