Articles Posted in Colorado Supreme Court

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In this case, at issue was whether the petitioner was entitled to a jury trial under Rule 38 of the Colorado Rules of Civil Procedure. Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in Otero County, Colorado. During this time, Zach executed several loan agreements with Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA (collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a perfected security interest in some of Zach’s crops, farm equipment, and other items of personal property. In May 2012, Zach defaulted on his loans. As a result, Farm Credit sued Zach for judgment on his notes, foreclosure of real property collateral, replevin of personal property collateral, conversion of insurance proceeds, civil theft, breach of contract, and fraud. The court of appeals held that the petitioner was not entitled to a jury trial because the claims in the respondents’ original complaint were primarily equitable. In reaching this conclusion, the court of appeals ignored the claims in the respondents’ amended complaint. The Colorado Supreme Court found that was in error: when a plaintiff amends its complaint and a party properly requests a jury trial, the trial court should determine whether the case may be tried to a jury based on the claims in the amended complaint, not the original complaint. If the claims against a particular defendant in a plaintiff’s amended complaint entitle that defendant to a jury trial, then “all issues of fact shall be tried by a jury,” upon a proper jury demand and payment of the requisite fee. Here, the claims against the petitioner in the respondents’ amended complaint were primarily legal, as opposed to equitable, meaning the petitioner was entitled to a jury trial under Rule 38. View "Mason v. Farm Credit S. Colo., ACA" on Justia Law

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The United States District Court for the District of Colorado certified a question of Colorado law to the Colorado Supreme Court. Defendant Ray Domenico Farms, Inc. grew organic vegetables. Plaintiffs were three year-round and four seasonal migrant workers who had been previously employed by Domenico Farms from as far back as 1992. All Plaintiffs were paid by the hour, and alleged they never received overtime pay during their employment with Domenico Farms. While agricultural workers were generally exempt from the Fair Labor Standards Act’s (“FLSA”) overtime requirements, Plaintiffs alleged they performed nonagricultural tasks in weeks in which they worked more than forty hours, thus entitling them to overtime wages under FLSA for those weeks. The certified question from the federal court pertained to how far back in time a terminated employee’s unpaid wage claims could reach under the Colorado Wage Claim Act, sections 8-4-101 to -123, C.R.S. (2017). Specifically, the certified question asked whether the statute permitted a terminated employee to sue for wages or compensation that went unpaid at any time during the employee’s employment, even when the statute of limitations had run on the cause of action the employee could have brought for those unpaid wages under Colo. Rev. Stat. § 8-4-103(1)(a). The Supreme Court held that under the plain language of section 109, an employee could seek any wages or compensation that were unpaid at the time of termination; however, the right to seek such wages or compensation was subject to the statute of limitations. That statute of limitations begins to run when the wages or compensation first become due and payable and thus limits a terminated employee to claims for the two (or three) years immediately preceding termination. Thus, the Court answered the certified question in the negative. View "Hernandez v. Ray Domenico Farms, Inc." on Justia Law

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The United States District Court for the District of Colorado certified a question of Colorado law to the Colorado Supreme Court. Defendant Ray Domenico Farms, Inc. grew organic vegetables. Plaintiffs were three year-round and four seasonal migrant workers who had been previously employed by Domenico Farms from as far back as 1992. All Plaintiffs were paid by the hour, and alleged they never received overtime pay during their employment with Domenico Farms. While agricultural workers were generally exempt from the Fair Labor Standards Act’s (“FLSA”) overtime requirements, Plaintiffs alleged they performed nonagricultural tasks in weeks in which they worked more than forty hours, thus entitling them to overtime wages under FLSA for those weeks. The certified question from the federal court pertained to how far back in time a terminated employee’s unpaid wage claims could reach under the Colorado Wage Claim Act, sections 8-4-101 to -123, C.R.S. (2017). Specifically, the certified question asked whether the statute permitted a terminated employee to sue for wages or compensation that went unpaid at any time during the employee’s employment, even when the statute of limitations had run on the cause of action the employee could have brought for those unpaid wages under Colo. Rev. Stat. § 8-4-103(1)(a). The Supreme Court held that under the plain language of section 109, an employee could seek any wages or compensation that were unpaid at the time of termination; however, the right to seek such wages or compensation was subject to the statute of limitations. That statute of limitations begins to run when the wages or compensation first become due and payable and thus limits a terminated employee to claims for the two (or three) years immediately preceding termination. Thus, the Court answered the certified question in the negative. View "Hernandez v. Ray Domenico Farms, Inc." on Justia Law