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Randy Barnhart
Denver, Colorado
Trial lawyer: products liability (defective 15-passenger vans, autos, tires); insurance bad faith
Recent Activity
Posted May 16, 2014 at Randy Barnhart
From the 10th Circuit: Effective December 1, 2013 the docketing fee for filing an appeal or original proceeding will increase to $500 from $450. With the additional $5 filing fee, (see 28 U.S.C. § 1917), the total amount payable to the district court clerk for filing an appeal will be... Continue reading
Posted Dec 4, 2013 at Randy Barnhart
Insurance companies put a premium on the language of their policies, and to avoid timely payment of benefits thay often invoke clauses like the following: “The right to benefit and the amount payable will be decided by agreement between the insured person and Allstate. If the insured person and we... Continue reading
Posted Nov 27, 2013 at Randy Barnhart
Insurance companies cling to the dated notion that they have no duty to advance UIM benefits unconditionally. Nonsense. the 2008 statutes, particularly C.R.S. 10–3–1104, 1115 and 1116, were specifically intended to level the playing field between insurers and their policy-holders. Do not be taken in by settlement offers far below... Continue reading
Posted Nov 15, 2013 at Randy Barnhart
Insurance companies often take the position that they have not breached the insurance contract because no court has finally resolved the amount of damages that a policy-holder is legally entitled to recover from a uninsured or underinsured (UIM) driver. Because the total amount remains undetermined, say insurance companies, the plicy... Continue reading
Posted Nov 5, 2013 at Randy Barnhart
Both federal and Colorado courts applying Colorado law have held consistently that anyone who pays for an underinsured motorist policy does so for the purpose of securing financial protection and peace of mind. Goodson v. Am. Standard Ins. Co. of Wisconsin, 89 P.3d 409, 414 (Colo. 2004)(“Insureds enter into insurance... Continue reading
Posted Nov 5, 2013 at Randy Barnhart
OKLAHOMA CITY (AP) - Toyota Motor Corp. is liable for a 2007 crash that left one woman dead and another seriously injured after a Camry suddenly accelerated, an Oklahoma jury decided Thursday. The jury awarded $1.5 million in monetary damages to Jean Bookout, the driver of the car who was... Continue reading
Reblogged Oct 26, 2013 at Randy Barnhart
Update: "The Judiciary will remain open for business through October 17, 2013. When no funding mechanism was in place on October 1, 2013, the Judiciary projected that fee income and no-year appropriated funds would enable court operations to continue for ten business days. The Judiciary has severely restricted spending during... Continue reading
Posted Oct 10, 2013 at Randy Barnhart
This is good to know. Recently in Larson v One Beacon Ins. Co., the Colordo U.S. District court had to dispose of an argument by the insurance company that when a policy-holder enters into a settlement with third-party claimants without the insurance company's consent, the policy-holder breaches the "cooperation clause"... Continue reading
Posted Oct 7, 2013 at Randy Barnhart
Informative blog to follow if you are interested in how social media is playing an ever-increasing role in litigation. Here's the latest post: for this past month of September, a quick tally identifies 88 cases where social media evidence played a key role, which is consistent with our overall analysis... Continue reading
Posted Oct 4, 2013 at Randy Barnhart
"In the event of a government shutdown on October 1, 2013, the federal Judiciary will remain open for business for approximately 10 business days. On or around October 15, 2013, the Judiciary will reassess its situation and provide further guidance. All proceedings and deadlines remain in effect as scheduled, unless... Continue reading
Posted Sep 26, 2013 at Randy Barnhart
Has anyone read this? If so, do you recommend it? The amazon blurb suggests it could be a pretty good late night read: "After years of painstaking searches through dusty court archives across Missouri, defense attorney James P. Muehlberger finally discovered the historic documents [of the trials] in 2007. ...... Continue reading
Posted Sep 23, 2013 at Randy Barnhart
Effective September 5, 2013, the following new section of Rule 4 of the Colorado Rules of Civil Procedure was added by the Colorado Supreme Court: (m) THE LIMIT FOR SERVICE. IF A DEFENDANT IS NOT SERVED WITHIN 63 DAYS (NINE WEEKS) AFTER THE COMPLAINT IS FILED, THE COURT -- ON... Continue reading
Posted Sep 23, 2013 at Randy Barnhart
The Colorado Supreme Court today will review a case from the Colorado Court of Appeals, Case No. 11CA2401: Petitioner: James B. Chapman, M.D., v. Respondent: Carolyn K. Harner. Here's a summary of the issue to be decided: "Whether the court of appeals erred in holding, based on Weiss v. Axler,... Continue reading
Posted Sep 9, 2013 at Randy Barnhart
Courts sometimes seem like quantum computers; never mind legislatures! Continue reading
Posted Sep 5, 2013 at Randy Barnhart
If you want a jury to decide your case, you gotta pay the fee, on time! The Colorado Court of Appeals, in a case of first impression, today decided there are no extensions of time to pay the jury fee under CRCP 6. The case is Premier Members Federal Credit... Continue reading
Posted Aug 29, 2013 at Randy Barnhart
In Part 1 of 2 on King v. Allstate, issued on July 31, 2013, we learned that Judge Martinez of the US District Court here in Denver granted motions to strike a number of Allstate's expert witnesses. The opinion is also instructive because Allstate disclosed an expert witness "on the... Continue reading
Posted Aug 12, 2013 at Randy Barnhart
In King v. Allstate, issued on July 31, 2013, Judge Martinez of the US District Court here in Denver granted motions to strike a number of Allstate's expert witnesses. The court noted that the "proponent of the expert testimony bears the burden of proving the foundational requirements of Rule 702... Continue reading
Posted Aug 6, 2013 at Randy Barnhart
The California court's opinion in this recent insurance bad faith case, Verniero v. Allstate Insurance Company, 2nd Appellate Dist., 7th Div. 2013, is interesting in an unusual way. The appellate court affirmed the trial court's dismissal of the bad faith claim, but only because the policy-holders, or rather, their attorneys,... Continue reading
Posted Jul 30, 2013 at Randy Barnhart
In an opinion issued last week, Just In Case Business Lighthouse v. Murray, the Colorado court of appeals held that "ethical rules have long prohibited lawyers from compensating witnesses on a contingent basis." The court cited the ABA Model Code of Professional Responsibility, DR 7-109(C) (1969)(“A lawyer shall not pay,... Continue reading
Posted Jul 23, 2013 at Randy Barnhart
In an article recently published in the Atlantic, the author, A. Cohen, got some interesting remarks about the federal budget sequester from U.S. District Judge William Young, in Massachusetts, appointed by President Reagan. Said the judge, "the sequester will generate a full-blown constitutional crisis." By mid-year, 2014, if the Congress... Continue reading
Posted Jul 17, 2013 at Randy Barnhart
The following is a conclusion of a recent report from the Brennan Center: Justice delayed due to overworked judges can too often mean justice denied. The ongoing vacancy crisis in the district courts is unprecedented, and judges and litigants are paying the price as dockets grow. Action is urgently required... Continue reading
Posted Jul 11, 2013 at Randy Barnhart
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them,... Continue reading
Posted Jul 3, 2013 at Randy Barnhart