June 2008

 

Collecting Prejudgment and Postjudgment Interest in Colorado

  

Program Highlights

 

- The laws governing the entitlement to and collection of prejudgment interest on all types of damage awards

- Existing limitations on prejudgment interest awards

- Required burdens of proof and standards of review

- Choice of law considerations

- Federal law claims

- Postjudgment interest

- Insurance issues involved with interest awards

 

 

Program Description

 

TIME IS MONEY… particularly when interest is accruing...and interest can DOUBLE or TRIPLE a damage award! So… just how does interest come into play in our justice system? If justice were immediate, the injured party would receive an enforceable judgment on the spot, and there would be no need to consider an additional monetary loss, based on delay in the receipt of the judgment and the time value of money. But, as we all know, justice often takes many months and even years to achieve, and so the laws of most U.S. jurisdictions, including Colorado, provide that interest shall be added to the original judgment. Prejudgment interest plays an important role in expediting the resolution of disputes and in recognizing the time value of money. Just as important in expediting the actual payment of the award is post judgment interest, which is calculated from the time the judgment is awarded to the date the award is paid in full. Thus, the time value of money also accrues on the other side of the judgment, in order to make the injured party whole. This Seminar covers the process and issues involved with both prejudgment and postjudgment interest and teaches you just how our Colorado courts go about assessing these interest amounts. Whether you are counsel to plaintiffs and creditors or defendants and debtors, our distinguished faculty, each an expert this area, will arm you with the knowledge you must have to best serve your clients in achieving the proper, final judgment outcome.

 

 

Topics

 

Setting the Stage and a Little Light History

Presented by Gregory B. Cairns, Esq.

Presented by John C. Tredennick, Esq.

 

Prejudgment Interest

Overview of Section 13-21-101,C.R.S., Personal Injury Damages

Overview of Section 5-12-102,C.R.S., Non-Personal Injury Damages

Presented by L. Michael Brooks, Jr., Esq.

Presented by Stephen G. Masciocchi, Esq.

 

Limitations on Prejudgment Interest Awards

Burdens of Proof and Standards of Review

Choice of Law Issues

Presented by L. Michael Brooks, Jr., Esq.

Presented by Stephen G. Masciocchi, Esq.

 

Postjudgment Interest

Insurance Issues Involved with Interest Awards

Presented by L. Michael Brooks, Jr., Esq.

Presented by Stephen G. Masciocchi, Esq.

 

 

Faculty and Planning Committee

 

Wells, Anderson & Race

Denver, CO

 

Cairns Nemechek & Magruder

Denver, CO

 

Holland & Hart

Denver, CO

 

John C. Tredennick, Esq.

CEO Catalyst Repository Systems, Inc.

Denver, CO