Supreme Court, State of Colorado s3

SUPREME COURT, STATE OF COLORADO 9:00 a.m. Oral Argument: Thursday, March 6, 2008 EN BANC Bailiff: Betsy Fordyce

07SC340 (1 HOUR)

Petitioner/Cross-Respondent: ) For the Petitioner/ Cross-Respondent: ) Wayne B. Schroeder SCHOOL DISTRICT NO. 12, ADAMS ) Jody Harper Alderman COUNTY, COLORADO n/k/a ADAMS 12 ) Carrie S. Bernstein FIVE STAR SCHOOLS, a Colorado quasi- ) Grimshaw & Harring, P.C municipal corporation, ) ) v. ) ) Respondent/Cross-Petitioner: ) For the Respondent/Cross-Petitioner: ) Darrell G. Wass SECURITY LIFE OF DENVER ) James T. Johnson INSURANCE COMPANY, a Colorado ) Otten, Johnson, Robinson, Neff & corporation, successor by name change to ) Ragonetti, P.C. SECURITY LIFE AND ACCIDENT ) COMPANY. )

Certiorari to the Colorado Court of Appeals, 05CA0849 Docketed: April 26, 2007 At Issue: January 4, 2008

ISSUE(S):

Whether a landowner is entitled to damages in a condemnation case when all of the landowner’s property is acquired and the landowner did not assert a claim for damages at trial.

Whether the amount of damages, if any, to Parcel B, and the “after condition” value of Parcel B, can be retried without retrying the value of Parcel A.

Whether the last written offer prior to filing a petition in condemnation, as to one parcel, and a written offer made prior to filing an amended petition in condemnation, as to the portion of property added to the condemnation in the amended petition, constitute a “last written offer” under the applicable attorney fees statute, section 38-1-122(1.5), C.R.S. (2006).

Whether the court of appeals correctly decided that the trial court amended the jury verdict, changing its substance as opposed to its form. ______

1 Oral Argument: Thursday, March 6, 2008 10:00 a.m. EN BANC

07SC36 (1 HOUR)

Petitioner: ) For the Petitioner: ) Gary Lozow NAIF AL-YOUSIF, ) Blain D. Myhre ) Issacson Rosenbaum P.C. ) and v. ) Jean E. Dubofsky ) Jean E. Dubofsky, P.C. ) Respondent: ) ) For the Respondent: THE PEOPLE OF THE STATE OF ) John W. Suthers COLORADO. ) Attorney General ) Katharine J. Gillespie ) Assistant Attorney General ) Appellate Division ) Criminal Justice Section

Certiorari to the Colorado Court of Appeals, 04CA0320 Docketed: January 12, 2007 At Issue: November 30, 2007

ISSUE(S):

Whether it violated due process for the court of appeals to conclude that C.R.C.P. 47(m) permitted the jury to have unfettered and unintended access to transcripts of interviews of defendant and his brother, where the court failed to consider the admonition that evidence not be “so selected, nor used in such a manner, that there is a substantial likelihood of it being given undue weight or emphasis by the jury,” Settle v. People, 180 Colo. 262, 504 P.2d 680 (1972). ______

2 SUPREME COURT, STATE OF COLORADO 2:00 p.m. Oral Argument: Thursday, March 6, 2008 EN BANC Bailiff: Caleb Durling

06SC558 (1 HOUR)

Petitioner: ) For the Petitioner: ) Andrew M. Low DAN H. MORRIS, M.D., ) Dale R. Harris ) Rudy E. Verner v. ) Davis Graham & Stubbs LLP ) Respondent: ) ) For the Respondent: LYNN GOODWIN. ) Paul M. Mahoney ) Kevin S. Mahoney ) The Mahoney Law Firm, P.C. ) ) ) For Amicus Curiae HCA HealthONE, ) LLC: ) Michelle R. Prud’Homme ) Dickinson, Prud’Homme, Adams & ) Ingram, LLP ) ) ) For Amicus Curiae Colorado Trial ) Lawyers Association: ) Joseph F. Bennett ) Cross & Bennett, LLC ) and ) Francis V. Cristiano

Certiorari to the Colorado Court of Appeals, 01CA2101 Docketed: September 5, 2006 At Issue: November 19, 2007

ISSUE(S):

Where a jury’s verdict in a medical malpractice case was reduced due to the statutory cap on noneconomic damages, whether the court of appeals erred in holding that the defendant owes prejudgment interest on the gross amount of the verdict, including the uncollectible amount exceeding the cap. ______

3 Oral Argument: Thursday, March 6, 2008 3:00 p.m. EN BANC

07SC124 (1 HOUR)

Petitioner: ) For the Petitioner: ) Jessica L. West STEVEN H. WIMP, ) James S. Brennan ) Smith & West LLC v. ) ) Respondents: ) For the Respondents: ) Joseph Adams Cope BRASHER, LLC and JANICE L. HUNT. ) William A. Robinson ) Frascona, Joiner, Goodman and ) Greenstein, P.C.

Certiorari to the Colorado Court of Appeals, 05CA0956 Docketed: February 20, 2007 At Issue: January 7, 2008

ISSUE(S):

Whether Colorado adopts the Restatement of Restitution principle that the measure of restitution in an unjust enrichment action may be more or less than the benefit received.

In an unjust enrichment action, whether the sole permissible manner for calculating the remedy is the measure of benefit conferred or whether a trial court has discretion to calculate an appropriate remedy according to the loss suffered, the benefit received, or a combination of the two.

Whether a trial court has authority to fashion an equitable remedy based on principles of fairness and equity and whether its discretion should not be disturbed unless it is shown that the court abused that discretion or acted unreasonably. ______