contracts clause (Colorado) · Go Syfert
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contracts clause in Colorado

5 Colorado opinions name it 2 courts 2001–2019 0 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
Hill v. DeWittgreen
colo · 2002 · cited in 3 Colorado opinions naming this issue, 2005–2012
2 sentences

2005In re Estate of DeWitt, supra. In assessing a Contracts Clause violation, the inquiry is whether the change in law opérates as a substantial impairment of a contractual relationship.

2005In re Estate of DeWitt, supra. In assessing a Contracts Clause violation, the inquiry is whether the change in law opérates as a substantial impairment of a contractual relationship.

13
Kuhn v. Stategreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2012–2012
2 sentences

2012In re Estate of DeWitt, 54 P.3d at 858 ; Kuhn v. State, 924 P.2d 1053, 1059 (Colo.1996); Kilbourn, 971 P.2d at 287 ; see Energy Reserves Grp., 459 U.S. at 412, 416 , 103 S.Ct. 697 ; see also id. at 411 , 103 S.Ct. 697 ("In determining the extent of the impairment, we are to consider whether the industry the complaining party has entered has been regulated in the past."). €50 Plaintiffs argue. that any adverse change to the COLA in which they have a contractual right necessarily violates the Contract Clauses.

2012In re Estate of DeWitt, 54 P.3d at 858 ; Kuhn v. State, 924 P.2d 1053, 1059 (Colo.1996); Kilbourn, 971 P.2d at 287 ; see Energy Reserves Grp., 459 U.S. at 412, 416 , 103 S.Ct. 697 ; see also id. at 411 , 103 S.Ct. 697 ("In determining the extent of the impairment, we are to consider whether the industry the complaining party has entered has been regulated in the past."). €50 Plaintiffs argue. that any adverse change to the COLA in which they have a contractual right necessarily violates the Contract Clauses.

11
Energy Reserves Group, Inc. v. Kansas Power & Light Co.green
scotus · 1983 · cited in 1 Colorado opinions naming this issue, 2012–2012
2 sentences

2012In re Estate of DeWitt, 54 P.3d at 858 ; Kuhn v. State, 924 P.2d 1053, 1059 (Colo.1996); Kilbourn, 971 P.2d at 287 ; see Energy Reserves Grp., 459 U.S. at 412, 416 , 103 S.Ct. 697 ; see also id. at 411 , 103 S.Ct. 697 ("In determining the extent of the impairment, we are to consider whether the industry the complaining party has entered has been regulated in the past."). €50 Plaintiffs argue. that any adverse change to the COLA in which they have a contractual right necessarily violates the Contract Clauses.

2012In re Estate of DeWitt, 54 P.3d at 858 ; Kuhn v. State, 924 P.2d 1053, 1059 (Colo.1996); Kilbourn, 971 P.2d at 287 ; see Energy Reserves Grp., 459 U.S. at 412, 416 , 103 S.Ct. 697 ; see also id. at 411 , 103 S.Ct. 697 ("In determining the extent of the impairment, we are to consider whether the industry the complaining party has entered has been regulated in the past."). €50 Plaintiffs argue. that any adverse change to the COLA in which they have a contractual right necessarily violates the Contract Clauses.

11
Parsonese v. Midland National Insurancegreen
pa · 1998 · cited in 1 Colorado opinions naming this issue, 2001–2001
2 sentences

2001Although a federal contracts clause argument was not raised here, we find these cases persuasive because "[rletroactivity has been a weighty factor in many of the cases which held that legislation violated the contracts clause." Parsonese v. Midland National Insurance Co., 550 Pa. 423, 434 , 706 A.2d 814, 819 (1998).

2001Although a federal contracts clause argument was not raised here, we find these cases persuasive because "[rletroactivity has been a weighty factor in many of the cases which held that legislation violated the contracts clause." Parsonese v. Midland National Insurance Co., 550 Pa. 423, 434 , 706 A.2d 814, 819 (1998).

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 (7)

CaseCitedYears
Allied Structural Steel Co. v. Spannaus green
scotus · 1978
2 sentences

2012Motors Corp. v. Romein, 503 U.S. 181, 186 , 112 S.Ct. 1105 , 117 L.Ed.2d 328 (1992) (quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244 , 98 S.Ct. 2716 , 57 L.Ed.2d 727 (1978)); accord DeWitt, 54 P.3d at 858 .

2012Motors Corp. v. Romein, 503 U.S. 181, 186 , 112 S.Ct. 1105 , 117 L.Ed.2d 328 (1992) (quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244 , 98 S.Ct. 2716 , 57 L.Ed.2d 727 (1978)); accord DeWitt, 54 P.3d at 858 .

22005–2012
School District No. 1 in the City and County of Denver v. Masters green
colo · 2018
2 sentences

2019Id. ¶7 In School District No. 1 in the City & County of Denver v. Masters , several teachers, together with the Denver Classroom Teachers Association (DCTA), alleged that DPS had invoked SB 191 to place hundreds of teachers on unpaid leave in violation of their rights to due process of law and the contracts clause of the Colorado Constitution. 2018 CO 18 , ¶ 1, 413 P.3d 723 , 725.

2019Id. ¶7 In School District No. 1 in the City & County of Denver v. Masters , several teachers, together with the Denver Classroom Teachers Association (DCTA), alleged that DPS had invoked SB 191 to place hundreds of teachers on unpaid leave in violation of their rights to due process of law and the contracts clause of the Colorado Constitution. 2018 CO 18 , ¶ 1, 413 P.3d 723 , 725.

12019–2019
Johnson v. School District No. 1 in the City and County of Denver green
colo · 2018
1 sentence

2019Id. ¶7 In School District No. 1 in the City & County of Denver v. Masters , several teachers, together with the Denver Classroom Teachers Association (DCTA), alleged that DPS had invoked SB 191 to place hundreds of teachers on unpaid leave in violation of their rights to due process of law and the contracts clause of the Colorado Constitution. 2018 CO 18 , ¶ 1, 413 P.3d 723 , 725.

12019–2019
Kilbourn v. Fire & Police Pension Ass'n green
coloctapp · 1998
2 sentences

2012In re Estate of DeWitt, 54 P.3d at 858 ; Kuhn v. State, 924 P.2d 1053, 1059 (Colo.1996); Kilbourn, 971 P.2d at 287 ; see Energy Reserves Grp., 459 U.S. at 412, 416 , 103 S.Ct. 697 ; see also id. at 411 , 103 S.Ct. 697 ("In determining the extent of the impairment, we are to consider whether the industry the complaining party has entered has been regulated in the past."). €50 Plaintiffs argue. that any adverse change to the COLA in which they have a contractual right necessarily violates the Contract Clauses.

2012In re Estate of DeWitt, 54 P.3d at 858 ; Kuhn v. State, 924 P.2d 1053, 1059 (Colo.1996); Kilbourn, 971 P.2d at 287 ; see Energy Reserves Grp., 459 U.S. at 412, 416 , 103 S.Ct. 697 ; see also id. at 411 , 103 S.Ct. 697 ("In determining the extent of the impairment, we are to consider whether the industry the complaining party has entered has been regulated in the past."). €50 Plaintiffs argue. that any adverse change to the COLA in which they have a contractual right necessarily violates the Contract Clauses.

12012–2012
General Motors Corp. v. Romein green
scotus · 1992
2 sentences

2012Motors Corp. v. Romein, 503 U.S. 181, 186 , 112 S.Ct. 1105 , 117 L.Ed.2d 328 (1992) (quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244 , 98 S.Ct. 2716 , 57 L.Ed.2d 727 (1978)); accord DeWitt, 54 P.3d at 858 .

2012Motors Corp. v. Romein, 503 U.S. 181, 186 , 112 S.Ct. 1105 , 117 L.Ed.2d 328 (1992) (quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244 , 98 S.Ct. 2716 , 57 L.Ed.2d 727 (1978)); accord DeWitt, 54 P.3d at 858 .

12012–2012
United States v. Winstar Corp. green
scotus · 1996
2 sentences

2012Rather, the Department urged that the impossibility doctrine set forth in United States v. Winstar Corp., 518 U.S. 839 , 116 S.Ct. 2432 , 135 L.Ed.2d 964 (1996), should be applied to determine whether the Department's breach was exeused based on the 2009 amendment.

2012Rather, the Department urged that the impossibility doctrine set forth in United States v. Winstar Corp., 518 U.S. 839 , 116 S.Ct. 2432 , 135 L.Ed.2d 964 (1996), should be applied to determine whether the Department's breach was exeused based on the 2009 amendment.

12012–2012
Whirlpool Corporation v. Ritter green
ca8 · 1991
1 sentence

2001The leading case on the retroactive application of a divorcee revocation statute is Whirlpool Corp. v. Ritter, 929 F.2d 1318 (8th Cir.1991).

12001–2001

Where else courts name it

CA 33 (1944–2025) NY 26 (1891–2024) WA 19 (1972–2022) IL 16 (1918–2017) TX 12 (1974–2016) MI 8 (1915–2023) MA 8 (1974–2024) KY 8 (2021–2022) FL 6 (1971–2025) AZ 6 (1977–2024) RI 6 (1996–2005) MD 5 (1916–2017) NJ 5 (1953–2021) PA 5 (1983–2024) CO 5 (2001–2019) CT 4 (1995–2010) MS 4 (1879–2009) OR 4 (1916–2019) WI 4 (1982–2016) MO 4 (1907–2010) MT 3 (1935–2021) IN 3 (2005–2025) WV 3 (1983–1989) NH 3 (2010–2024) LA 2 (2011–2024) OH 2 (2009–2012) VA 2 (1992–2008) HI 2 (1987–2020) AR 2 (2008–2009) KS 2 (1985–2017) NM 2 (2006–2006) ID 2 (2013–2013) NV 2 (2008–2008) AL 2 (1940–1980)

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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