Colorado Appellate Courts Continue To Tighten Class-Action Claims ...

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For the panel, Judge Dennis A. Graham wrote that the plaintiff did not have a method to prove that each supposed member of the class was caused actual injury. Plaintiff argued that the trial court was correct in applying a presumption that all supposed class members were actually injured, without direct proof that they were. That theory has only been applied in Securities law cases and had never been adopted by the Colorado general assembly or any Colorado appellate case for CCPA claims. “We conclude that such ruling was error because there is no precedent for the theory in Colorado,” Graham wrote. “Ms. Garcia’s situation was unique,” Reilly said. “In order to have a class action, there must be other people in the same situation. The plaintiff did not present any evidence to show that there were other people in her situation. The Court of Appeals found that this was not the type of case that would justify an assumption that there were others like Trina Garcia and, therefore, this case is not a class action.”

Source: Colorado Appellate Courts Continue To Tighten Class-Action Claims ...