claim falls within exception (Colorado) · Go Syfert
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claim falls within exception in Colorado

7 Colorado opinions name it 2 courts 1995–2022 1 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 (4)

CaseFollowedCited
Fogg v. MacAlusogreen
colo · 1995 · cited in 4 Colorado opinions naming this issue, 1996–2022
2 sentences

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

1996Therefore, ”[w]hether a claim falls within an exception to the GIA's waiver of sovereign immunity is a question of subject matter jurisdiction and, if raised before trial, it is appropriately addressed under C.R.C.P. 12(b)(1).” Fogg, 892 P.2d at 277 .

14
Tidwell v. City and County of Denvergreen
colo · 2003 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

11
Henry-Hobbs v. City of Longmontgreen
coloctapp · 2001 · cited in 1 Colorado opinions naming this issue, 2007–2007
1 sentence

2007Henry-Hobbs v. City of Longmont, 26 P.3d 533, 535 (Colo.App.2001), aff'd, 50 P.3d 906 (Colo.2002).

11
Walter J. Mundy, Jr. v. United Statesgreen
ca9 · 1993 · cited in 1 Colorado opinions naming this issue, 1995–1995
2 sentences

1995Cf. Mundy v. United States, 983 F.2d 950, 952 (9th Cir.1993) (district court lacks subject matter jurisdiction if claim is within specified exception to Federal Tort Claims Act’s general waiver of sovereign immunity; application of exception properly determined under Fed.R.Civ.P. 12(b)(1)).

1995Cf. Mundy v. United States, 983 F.2d 950, 952 (9th Cir.1993) (district court lacks subject matter jurisdiction if claim is within specified exception to Federal Tort Claims Act's general waiver of sovereign immunity; application of exception properly determined under Fed.R.Civ.P. 12(b)(1)).

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
Foster v. Board of Governors ex rel. Colorado State University green
coloctapp · 2014
2 sentences

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

12022–2022
Colorado Department of Transportation v. Brown Group Retail, Inc. green
colo · 2008
2 sentences

2017The CGIA does not, however, grant immunity to public entities for non-tort claims, including claims based on “contractual relations or a distinctly non-tortious statutorily-imposed duty.” Brown Grp., 182 P.3d at 691 . ¶40 The key question, then, is whether the claim here lies in tort or could lie in tort.

2017The CGIA does not, however, grant immunity to public entities for non-tort claims, including claims based on “contractual relations or a distinctly non-tortious statutorily-imposed duty.” Brown Grp., 182 P.3d at 691 . ¶ 40 The key question, then, is whether the claim here lies in tort or could lie in tort.

12017–2017
Robinson v. Colorado State Lottery Division green
colo · 2008
2 sentences

2017The Colorado Governmental Immunity Act Does Not Bar Denver Health’s Claim ¶39 The CGIA bars public liability for all claims for injury that lie in tort or could lie in tort, unless the claim falls within an exception to that immunity. § 24-10-106(1); Robinson, 179 P.3d at 1003 .

2017Immunity Act Does Not Bar Denver Health’s Claim ¶ 39 The CGIA bars public liability for all claims for injury that lie in tort or could lie in tort, unless the claim falls within an exception to that immunity. § 24-10-106(1); Robinson, 179 P.3d at 1003 .

12017–2017
City of Longmont v. Henry-Hobbs green
colo · 2002
1 sentence

2007Henry-Hobbs v. City of Longmont, 26 P.3d 533, 535 (Colo.App.2001), aff'd, 50 P.3d 906 (Colo.2002).

12007–2007

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 24-10-101 (6) CO § Colo. Rev. Stat. § 24-10-106 (6) CO § Colo. Rev. Stat. § 24-10-105 (4) CO § Colo. Rev. Stat. § 24-10-108 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 11 (1998–2024) CO 7 (1995–2022) TX 2 (2009–2009) NY 2 (1928–2005) PA 2 (2014–2015) WA 2 (1961–2013)

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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