No. 23-6010

James Woo v. Jose Angel Baez, et al.

Lower Court: Colorado
Docketed: 2023-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-review civil-rights colorado-statute constitutional-challenge due-process expert-review expert-testimony indigent-plaintiff negligence-claims professional-conduct standing
Key Terms:
DueProcess
Latest Conference: 2024-01-05
Question Presented (from Petition)

Whether the Colorado Court of Appeals erred in holding that the certificate of review requirement pursuant to Colorado Revised Statute (C.R.S.) § 13-20-602 is unconstitutional as applied to the petitioner — an indigent plaintiff unable to afford the cost of expert review — in barring his negligence claims.

Whether the Court of Appeals erred in holding or tacitly approving that:
(A) dismissal for failure to file a Certificate of Review should be with prejudice; (B) expert testimony is required even for conduct that the Petitioner alleged was based on conspiracy, deceit, and malice; and (C) the Rules of Professional Conduct cannot establish any attorney standard of care.

Question Presented (AI Summary)

Whether the Colorado Court of Appeals erred in holding that the certificate of review requirement pursuant to Colorado's Revised Statute (C.R.S.) § 13-20-602 is not unconstitutional as applied to the Petitioner, an indigent plaintiff unable to afford the cost of expert review — in barring his negligence claims

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
Waiver of right of respondent Richard Bednarski to respond filed.
2023-11-15
Waiver of right of respondents Jose Angel Baez & Michelle Medina to respond filed.
2023-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2023)
2023-07-07
Application (23A15) granted by Justice Gorsuch extending the time to file until October 19, 2023.
2023-06-26
Application (23A15) to extend the time to file a petition for a writ of certiorari from August 20, 2023 to October 19, 2023, submitted to Justice Gorsuch.

Attorneys

James Woo
James Woo — Petitioner
Jose Angel Baez & Michelle Medina
Adam Neil MuellerHaddon, Morgan & Foreman, P.C., Respondent
Richard Bednarski
Murray I. WeinerMulliken Weiner Berg & Jolivet PC, Respondent