Association claim (Colorado) · Go Syfert
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Association claim in Colorado

9 Colorado opinions name it 2 courts 2003–2026 3 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Potvin v. Lincoln Service & Equipment Co.green
conn · 2010 · cited in 2 Colorado opinions naming this issue, 2016–2016
2 sentences

2016Co. , 6 A.3d 60, 70-71 (Conn. 2010).

2016Co., 298 Conn. 620 , 6 A.3d 60, 70-71 (2010).

22
Stephens v. Colaianniagreen
coloctapp · 1997 · cited in 2 Colorado opinions naming this issue, 2016–2016
2 sentences

2016It also notes that in Stephens v. Colaiannia , 942 P.2d 1374, 1379 (Colo. App. 1997), the division recognized a form of offset by holding that where claimants had been paid from both an insolvent insured’s receiver and an out-of-state guaranty association, the association had a claim against the receiver. ¶131 CIGA neither disputes this general principle nor cites authority contrary to Stephens .

2016It also notes that in Stephens v. Colaiannia, 942 P.2d 1374, 1379 (Colo.App.1997), the division'recognized a form of offset by holding that where claimants had been paid from both an insolvent insured’s receiver and an out-of-state guaranty association, the association had a claim against the receiver. ¶ 131 CIGA neither disputes this general principle nor cites authority contrary to Stephens .

22
Jacqueline Gebert v. Sears, Roebuck & Co.green
coloctapp · 2023 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026Gebert v. Sears, Roebuck & Co., 2023 COA 107, ¶ 25 (citation omitted). 2.

11
Armed Forces Bank, N.A. v. Hicksgreen
coloctapp · 2014 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See Armed Forces Bank, N.A., ¶ 38, 365 P.3d at 386 . 43 VII.

11
People v. Dashgreen
coloctapp · 2004 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See id. (explaining we do not consider arguments that have not been raised on appeal). [A]n organization has associational standing when: (1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization’s purpose; and (3) neither the claim asserted, nor the relief requested, 22 requires the participation of individual members of the lawsuit.

11
Webb v. City of Black Hawkgreen
colo · 2013 · cited in 1 Colorado opinions naming this issue, 2016–2016
2 sentences

2016See Webb, ¶ 16, 295 P.3d at 486 . ¶48 The question thus becomes whether the Oil and Gas Conservation Act preempts Article XVI because of an operational conflict. ¶49 As an initial matter, we reject the Association’s claim that the Commission has the exclusive authority to regulate the technical aspects of oil and gas operations and that such technical regulation constitutes a de facto operational conflict.

2016See Webb, ¶ 16, 295 P.3d at 486. ¶48 The question thus becomes whether the Oil and Gas Conservation Act preempts Article XVI because of an operational conflict. ¶49 As an initial matter, we reject the Association’s claim that the Commission has the exclusive authority to regulate the technical aspects of oil and gas operations and that such technical regulation constitutes a de facto operational conflict.

11
Hickman v. Catholic Health Initiativesgreen
coloctapp · 2013 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016See Hickman v. Catholic Health Initiatives , 2013 COA 129, ¶26 . 3 Giving an association immunity from liability that arises from performance of its duties does not mean that the immunity provision "permit[s] [an] association to act improperly in the handling of all claims without any consequences." Potvin v. Lincoln Serv. & Equip.

11
People v. Herbisongreen
coloctapp · 1988 · cited in 1 Colorado opinions naming this issue, 2003–2003
1 sentence

2003Although a separate instruction specifically outlining the elements of the association claim stated the correct standard, “when various instructions are in direct conflict and *1166 one of the instructions is an incorrect and clearly prejudicial statement of the law, the fact that other instructions contain a correct statement of the law cannot.cure the error.” People v. Herbison, 761 P.2d 263, 264 (Colo.App.1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Colorado Department of Transportation v. Brown Group Retail, Inc. green
colo · 2008
1 sentence

2026Brown Grp., 182 P.3d at 691 . ¶ 41 Accordingly, we conclude that the Association’s accounting claim is barred under the CGIA.

12026–2026
Madison Capital Co. v. Star Acquisition VIII green
coloctapp · 2009
1 sentence

2025The Pucas’ response opposing the Association’s motion was sufficient to preserve their appellate contentions. 3 Madison Capital Co. v. Star Acquisition VIII, 214 P.3d 557 (Colo. App. 2009), on which the Association relies, doesn’t hold to the contrary.

12025–2025
Accetta v. Brooks Towers Residences Condo. Ass'n, Inc. green
colo · 2019
1 sentence

2021Id. ¶ 42 The district court noted that the Association's motion to dismiss ultimately failed, but it disagreed that the time spent making it should be excluded from a fee application: Litigation is almost always a series of wins and losses, which then flow largely inextricably into a result.

12021–2021
McAlonan v. U.S. Home Corp. neutral
coloctapp · 1986
1 sentence

2004Cf. McAlonan v. U.S. Home Corp., 724 P.2d 78 (Colo.App.1986)(affirming instruction directing jury to measure damages to residential property as the cost of repair plus any diminution in market value as repaired).

12004–2004

Where else courts name it

CA 54 (1942–2026) TX 45 (1963–2026) IL 30 (1981–2025) FL 24 (1970–2025) PA 24 (1958–2024) GA 17 (1898–2026) OH 17 (2000–2026) NY 13 (1891–2023) WA 11 (2003–2024) HI 10 (1992–2026) IN 10 (1959–2016) ME 9 (1939–2025) CO 9 (2003–2026) NJ 9 (1993–2020) MI 7 (2009–2022) VT 6 (2012–2023) NC 5 (1984–2021) UT 5 (2002–2026) NM 4 (2019–2022) CT 4 (1996–2018) MO 4 (1961–2014) DC 4 (1986–2006) NV 3 (2018–2021) WI 3 (1990–2001) MN 3 (1902–1989) WV 3 (1919–2023) AZ 3 (2003–2018) MA 3 (1979–2011) AL 3 (2006–2023) TN 3 (1959–2000) VA 3 (2008–2025) NH 2 (1968–1986) MD 2 (2002–2019) ND 2 (2005–2007) AR 2 (1989–2003) SC 2 (2007–2007) LA 2 (2011–2023) OK 2 (1977–2025) WY 2 (2010–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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