Editor’s Note: The high court’s oral argument schedule is here.
By Matt Masich, LAW WEEK COLORADO
DENVER — The Colorado Supreme Court hears oral arguments this week in 10 cases, including issues of class certification in four class-action lawsuits.
In State Farm v. Reyher, the insurance company seeks to reverse the Court of Appeal’s decision in favor of class certification. The lawsuit stems from the case of Pauline Reyher, who was injured in a car crash and got treatment from an orthopedic surgeon. She had no-fault insurance with State Farm, but the insurer refused to pay the cost of her treatment that it deemed unreasonable. Class certification was denied by Otero County District Judge Jon Kolomitz, but the appeals court reversed in an opinion penned by Judge Robert Hawthorne.
State Farm is represented by Aaron Van Oort, Michael McCarthy, Todd Walker and Sarah Mastalir of Faegre & Benson, and H. Barton Mendenhall, II, of Mendenhall & Malouff. The plaintiffs are represented by Robert Carey, Megan Waples, Leif Garrison and Craig Valentine of The Carey Law Firm; Todd Travis of Todd A. Travis, P.C.; and John Gehlhausen of the Law Offices of John Gehlhausen.
There are a number of amicus briefs. Wheeler Trigg O’Donnell’s Mal Wheeler is one of the lawyers on an amicus brief for the U.S. Chamber of Commerce and American Tort Reform Association. Eric Elliff, now a Denver district judge, did an amicus for the Colorado Civil Justice League when he was with Husch Blackwell.
In Garcia v. Medved Chevrolet, Trina Garcia seeks to reverse the Court of Appeal’s denial of class certification. Garcia’s complaint alleges customers either paid for but didn’t receive dealer-added products on new cars, or received the products without being told that their cost was added to the cost of the vehicle. Garcia lacked a class-wide theory of injury and therefore couldn’t serve as a class representative, wrote Judge Dennis Graham in the appeals court’s opinion that reversed Jefferson County District Court Judge Jane Tidball.
Medved is represented by Daniel Friesen of Friesen Lamb and Peter Krumholz of Hale Westfall (both formerly with Hale Friesen). Garcia is represented by Dan Reilly, Eric Fisher, Caleb Durling, Laurie Jaeckel and Sean Connelly of Reilly Pozner; and Dennis Polk of Holley Albertson & Polk. There are several amicus briefs.
In BP America v. Patterson, the oil giant is seeking to reverse the Court of Appeals decision affirming class certification in a lawsuit over deductions of postproduction costs from royalty payments that BP paid. Denver District Chief Judge Larry Naves originally approved class certification, and Judge Rich Gabriel wrote the appeals opinion to affirm.
BP is represented by Scott Barker of Wheeler Trigg O’Donnell and Rachel Yates of Holland & Hart. The plaintiffs are represented by George A. Barton and Charles Carpenter.
In all three cases, the Supreme Court will decide whether the Court of Appeals erred in either affirming or reversing class certification.
In Jackson v. Unocal Corp., certiorari was granted on three issues: Whether the court of appeals erred by creating a “preponderance of the evidence” burden of proof in the certification of a class pursuant to C.R.C.P. 23.; whether the court of appeals erred by requiring the trial court to assess the credibility of expert testimony at the class certification stage; and whether the court of appeals’ construction of C.R.C.P. 23 improperly invaded the trial court’s case management discretion.
The petitioners are represented by Kevin Hanson and Justin Blum of The Hannon Law Firm, and Richard Brentlinger and Eric Voogt of Inman Flynn Biesterfeld & Brentlinger. Unocal Corp. is represented by Stephen Masciocchi, John Ramey and Rachel Yates of Holland & Hart.
