Summaries of Published Opinions, 0518 COBJ, Vol. 47, No. 5 Pg. 96

Position:Vol. 47, 5 [Page 96]

47 Colo.Law. 96

Summaries of Published Opinions

Vol. 47, No. 5 [Page 96]

The Colorado Lawyer

May, 2018


March 5, 2018

2018 CO 14. No. 17SA20. In re Bailey v. Her-macinski.

Physician–Patient Privilege—Implied Waiver.

In this original proceeding, the Supreme Court considered the scope of the physician– patient privilege in a medical malpractice action. Contrary to the conclusion of the trial court, the Court held that plaintiffs’ non-party medical providers were not in consultation with defendants such that the typically privileged information held by those non-party medical providers was no longer protected by the physician–patient privilege. Therefore, the trial court abused its discretion when it granted defendants’ request to hold ex parte interviews with those non-party medical providers on consultation grounds. However, the Court remanded the case to the trial court for consideration of whether plaintiffs impliedly waived the protection of the physician–patient privilege such that ex parte interviews may still be permitted.

2018 CO 15. No. 17SA77. Hernandez v. Ray Domenico Farms, Inc. C.A.R. 21.1—Certified Questions of State Law—Colorado Wage Claim Act—Statute of Limitations—Statutory Construction.

Te Supreme Court accepted jurisdiction under C.A.R. 21.1 to answer a certified question of law from the U.S. District Court for the District of Colorado regarding how far back in time a terminated employee’s unpaid wage claims can reach under the Colorado Wage Claim Act, CRS §§ 8-4-101 to -123. Te Court held that, under the plain language of CRS § 8-4-109, a terminated employee may seek any wages or compensation that were unpaid at the time of termination; however, the right to seek such wages or compensation is subject to the statute of limitations found in CRS § 8-4-122. That statute of limitations begins to run when the wages or compensation first become due and payable and thus limits a terminated employee to claims for the two years (three for willful violations) immediately preceding termination.

March 12, 2018

2018 CO 16. No. 14SC190. Ybanez v. People.

Post-Conviction Proceedings—Criminal Trials— Sentencing.

Ybanez petitioned for review of the Court of Appeals’ judgment affirming his conviction of first degree murder and directing that his sentence of life without the possibility of parole be modified only to the extent of permitting the...

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