"Tucker" and Colorado's Collateral Source Rule CLE

"Tucker" and Colorado's Collateral Source Rule

January 2011

Tucker and Colorado's Collateral Source Rule - LIVE IN DENVER

Program Description:

On November 15, 2010, the Colorado Supreme Court handed down its ruling in Tucker, a significant decision for all lawyers prosecuting or defending Colorado tort claims. This seminal case:

Outlines the scope and history of the common law collateral source rule in Colorado;
Specifically addresses the procedural and evidentiary impact of Colorado's 1986 Collateral Source statute;
Clarifies the impact of the 1986 Collateral Source statute on health insurance and medical payment benefits;
Clarifies which payments and benefits qualify as “collateral sources” under the common law and 1986 statute;
Addresses the extent to which evidence of collateral source payments or benefits may be admitted or excluded at trial; and
Discusses the scope of post-trial collateral source “set-off” hearings under the 1986 statute.

This one-hour program will provide background regarding the issues addressed in Tucker, and there will be an in-depth overview of the Tucker holding, discussing the practical implications of this case in Colorado personal injury law and the interplay between this decision and other Colorado statutes, such as C.R.S. §§ 10-1-135 and 10-4-609.

Presented by J. Kyle Bachus, Esq.

Agenda:

11:30 am - 12:00 pm Registration

12:00 pm - 1:00 pm Program (Lunch Provided)

Faculty:

J. Kyle Bachus

Bachus & Shanker, LLC

J. Kyle Bachus is a founding partner of Bachus & Schanker, LLC. Mr. Bachus graduated from the University of Florida with a B.S. degree and received his J.D. from the University of Florida College of Law. Mr. Bachus is licensed to practice law in both the Federal and State courts in Colorado and Florida.

Mr. Bachus has extensive litigation and jury trial experience. He has litigated cases to trial verdict in both State and Federal Courts in Florida, Colorado, Missouri and Washington. He has also presented oral arguments before the Fifth District Court of Appeals and the Colorado Court of Appeals. He actively litigates cases involving catastrophic injuries, serious personal and financial damage, wrongful death, and insurance bad faith. Mr. Bachus limits his practice to the representation of the injured and their families.

Mr. Bachus is a member of the Colorado, Denver, Florida, and National Crime Victims bar associations; the Florida Justice Association; Trial Lawyers for Public Justice; the Academy of Catastrophic Injury Attorneys; and the American Association for Justice (formerly Association of Trial Lawyers of America). He is currently serving his eighth year as an elected member of the Board of Directors for the Colorado Trial Lawyers Association. Additionally, Mr. Bachus also serves as one of the only two elected representatives from the State of Colorado on the Board of Governors for the American Association for Justice.

In 2005, Mr. Bachus was appointed to serve as the co-chair of the Colorado Trial Lawyers' Association Auto Litigators Committee, a position he continues to hold. In 2007, Mr. Bachus was named by the national legal publication Lawdragon, as one of “The Top 500 Leading Personal Injury Lawyers in America.” Mr. Bachus was also featured in the 2007, 2008 and 2009 editions of 5280 Magazine's Super Lawyer edition, being selected to the “Colorado's Super Lawyers” list. Mr. Bachus has also been recognized as an AV-rated attorney by Martindale-Hubbell.

Mr. Bachus continues to be a guest lecturer at seminars and conventions sponsored by numerous organizations including the Colorado Bar Association, the Colorado Trial Lawyers Association, and the National Business Institute.