Friday, May 11, 2012

Unripe Issue Court of Appeals case

This week the Colorado Court of Appeals decided a case which assessed attorneys fees for bringing up an unripe issue. By statute 8-43-211 Colorado provides that when you file for a hearing on issues which are not ripe for adjudication then you shall be assessed the reasonable attorneys fees and costs of preparing for that hearing. In Youngs the claimant and the claimants attorney filed for a hearing on several issues but one was to reopen a case based upon fraud/mistake. It was determined that the issue to reopen was not ripe and eventually attorneys fees and costs amounting to over $23000 were assessed against the claimants attorney. Here other issues were ripe but the one unripe issue led to an assessment of attorneys fees. In the appeal many matters were raised including that the Colorado workers compensation system was unconstitutional but the reader is encouraged to read the case for themselves. This case may go further up the appellate steps but what is important is to be quite careful whenever an issue is endorsed because any party can be assessed attorney fees and costs.

No comments: