‘Common Sense’ legislators to be honored by CCJL at Oct. 24 event

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 Wednesday, Oct. 24, at the Denver Four Seasons.

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.

The best news from the 2018 legislative session was the bills that didn’t pass.Late in the legislative session, two bills were introduced to discourage arbitration – an alternative to litigation that often saves time and money.  The alternative to arbitration?  Hiring a lawyer and filing a lawsuit, of course.

Other bills were introduced to address business practices that result in perceived greed or inequity.  The irony, however, is that in each of these bills the remedy to alleged “corporate greed” was to create new incentives for profiteering by personal injury lawyers.

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Supreme Court backs CCJL in judgment interest case

Today, the Colorado Supreme Court ruled unanimously that a claimant is not entitled to interest on damages if no court action is filed.  The opinion written by Justice Brian Boatright supports the position taken by Colorado Civil Justice League in an amicus brief authored by Lee Mickus of Taylor Anderson LLP.

“We hold that, under the plain language of the (statute), an insured is entitled to prejudgment interest only after (1) an action is brought, (2) the plaintiff claims damages and interest in the complaint, (3) there is a finding of damages by a jury or court, and (4) judgment is entered,” wrote Justice Boatright.

In this case, Joel Munoz was injured in a car crash and reached a settlement with his insurer, American Family.  Munoz asked for interest on the claim, but American Family Insurance declined to pay interest because Colorado law requires interest only after a judgment, not after a private settlement.

The high court’s finding upheld an early decision by the Colorado Court of Appeals.

Read the Supreme Court opinion HERE.