ejusdem generis doctrine (Colorado) · Go Syfert
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ejusdem generis doctrine in Colorado

6 Colorado opinions name it 2 courts 1942–2023 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 (6)

CaseFollowedCited
Mounkes v. Industrial Claim Appeals Officegreen
coloctapp · 2010 · cited in 1 Colorado opinions naming this issue, 2023–2023
1 sentence

2023Claim Appeals Off., 251 P.3d 485, 488 (Colo. App. 2010) (where statute allowed for disqualification of benefits based on the “intentional falsification of expense accounts, inventories, or other records or reports,” “other records and reports” had to be interpreted to comprise records and reports of the same type as expense accounts and inventories (quoting § 8-73-108(5)(e)(VII), C.R.S. 2023))). 14 “organizer” “must exercise some sort of managerial responsibility.” Id. ¶ 30 Our supreme court used this same rule of syntax to interpret an “or any other” phrase in Mortgage Brokerage Co., 100 Colo

11
Cheyenne Newspapers, Inc. v. Building Code Board of Appealsgreen
wyo · 2010 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010We agree that claimant's letter was not a "report" within the meaning of section 8-73-108(5)(e)(VII), although we do not adopt his characterization of the covered records and reports as "financial documents." As an initial matter, we review de novo the Panel's determination, reached without elaboration or analysis, that section 8-78-108(5)(e)(VII) is not ambiguous, see Duckworth v. Pratt & Whitney, Inc., 152 F.3d 1, 6 (1st Cir.1998) (determination of whether a statute is ambiguous is a question of law that appellate court reviews de novo); Cheyenne Newspapers, Inc. v. Building Code Board of Ap

11
Mark Duckworth v. Pratt & Whitney, Inc.green
ca1 · 1998 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010We agree that claimant's letter was not a "report" within the meaning of section 8-73-108(5)(e)(VII), although we do not adopt his characterization of the covered records and reports as "financial documents." As an initial matter, we review de novo the Panel's determination, reached without elaboration or analysis, that section 8-78-108(5)(e)(VII) is not ambiguous, see Duckworth v. Pratt & Whitney, Inc., 152 F.3d 1, 6 (1st Cir.1998) (determination of whether a statute is ambiguous is a question of law that appellate court reviews de novo); Cheyenne Newspapers, Inc. v. Building Code Board of Ap

11
Davidson v. Sandstromgreen
colo · 2004 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010See Davidson v. Sandstrom, 83 P.3d 648, 656 (Colo.2004).

11
Martinez v. Peoplegreen
colo · 1943 · cited in 1 Colorado opinions naming this issue, 1975–1975
1 sentence

1975Second, as we said in Martinez, supra, the ejusdem generis rule is used to construe general words in a statute “as applicable only to persons or things of the same general nature or class as those enumerated” when “general words follow the enumeration of particular classes of persons or things.” 111 Colo, at 57-58, 137 P.2d at 692-93 [emphasis added].

11
City & County of Denver v. Taylorgreen
colo · 1930 · cited in 1 Colorado opinions naming this issue, 1942–1942
2 sentences

1942See, City and County of Denver v. Taylor, 88 Colo. 89 , 292 Pac. 594 , in which a large number of cases from this jurisdiction are cited and discussed.

1942See, City and County of Denver v. Taylor, 88 Colo. 89 , 292 Pac. 594 , in which a large number of cases from this jurisdiction are cited and discussed.

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 (6)

CaseCitedYears
Mortgage Brokerage Co. v. Mills green
colo · 1937
2 sentences

2023Claim Appeals Off., 251 P.3d 485, 488 (Colo. App. 2010) (where statute allowed for disqualification of benefits based on the “intentional falsification of expense accounts, inventories, or other records or reports,” “other records and reports” had to be interpreted to comprise records and reports of the same type as expense accounts and inventories (quoting § 8-73-108(5)(e)(VII), C.R.S. 2023))). 14 “organizer” “must exercise some sort of managerial responsibility.” Id. ¶ 30 Our supreme court used this same rule of syntax to interpret an “or any other” phrase in Mortgage Brokerage Co., 100 Colo

2023Claim Appeals Off., 251 P.3d 485, 488 (Colo. App. 2010) (where statute allowed for disqualification of benefits based on the “intentional falsification of expense accounts, inventories, or other records or reports,” “other records and reports” had to be interpreted to comprise records and reports of the same type as expense accounts and inventories (quoting § 8-73-108(5)(e)(VII), C.R.S. 2023))). 14 “organizer” “must exercise some sort of managerial responsibility.” Id. ¶ 30 Our supreme court used this same rule of syntax to interpret an “or any other” phrase in Mortgage Brokerage Co., 100 Colo

12023–2023
Winter v. People green
colo · 2006
2 sentences

2015To interpret that phrase, the court applied the doctrine of ejusdem generis, a rule of statutory interpretation by which "general terms are applied only to those things of the same general kind or class as those specifically mentioned." Id. at:195.

2015Winter, 126 P.3d at 195 .

12015–2015
Gibson v. People green
colo · 1908
1 sentence

1943The doctrine of ejusdem generis, however, is only a rule of construction, to be applied as an aid in ascertaining the legislative intent, and cannot control where the plain purpose and intent of the legislature would thereby be hindered or defeated [Martin v. Bond, 14 Colo. 446 , 24 Pac. 326 ; Gibson v. People, 44 Colo. 600 , 99 Pac. 333 ; Wilson v. People, 44 Colo. 608 , 99 Pac. 335 ]; nor does the doctrine apply where the specific words of a statute * * * embrace all objects of their class, so that the general words must bear a different meaning from the specific words or be meaningless, * *

11943–1943
Wilson v. People neutral
colo · 1908
1 sentence

1943The doctrine of ejusdem generis, however, is only a rule of construction, to be applied as an aid in ascertaining the legislative intent, and cannot control where the plain purpose and intent of the legislature would thereby be hindered or defeated [Martin v. Bond, 14 Colo. 446 , 24 Pac. 326 ; Gibson v. People, 44 Colo. 600 , 99 Pac. 333 ; Wilson v. People, 44 Colo. 608 , 99 Pac. 335 ]; nor does the doctrine apply where the specific words of a statute * * * embrace all objects of their class, so that the general words must bear a different meaning from the specific words or be meaningless, * *

11943–1943
Kansas City Southern Ry. Co. v. Rosier neutral
okla · 1913
1 sentence

1943Co. v. Wallace, 38 Okl. 233 , 132 Pac. 908 , 46 L.R.A.

11943–1943
Lunsford v. State neutral
oklacrimapp · 1927
1 sentence

1943Co. v. Wallace, 38 Okl. 233 , 132 Pac. 908 , 46 L.R.A.

11943–1943

Where else courts name it

IL 99 (1898–2026) TX 81 (1911–2025) CA 68 (1910–2025) WA 50 (1970–2024) PA 45 (1926–2026) MI 34 (1937–2023) NY 26 (1917–2024) NJ 19 (1965–2025) FL 18 (1927–2012) AL 17 (1915–2013) OH 16 (1944–2023) MD 16 (1970–2026) NC 15 (1957–2018) AZ 15 (1945–2017) UT 14 (1907–2020) IN 13 (1913–2024) AR 13 (1948–2025) OR 12 (1910–2019) MA 12 (1971–2026) TN 11 (1949–2021) OK 11 (1916–2008) KY 11 (1899–2022) LA 11 (1958–2021) VA 10 (1962–2024) WI 10 (1939–2015) HI 9 (1915–2019) NM 9 (1974–2014) CT 8 (1968–2013) MO 8 (1884–2023) MN 8 (1973–2018) IA 7 (1971–2019) ID 6 (1985–2018) KS 6 (1925–2020) CO 6 (1942–2023) WV 6 (1935–2024) MT 5 (1925–2009) NE 5 (1950–2005) RI 5 (1997–2026) MS 4 (1973–2000) NH 4 (1986–2019) WY 4 (1924–2015) GA 4 (1913–2021) ME 4 (1983–2021) DC 3 (1970–1991) ND 3 (1913–2007) AK 3 (2006–2019) SC 2 (1984–1995)

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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