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STANTON v. SCHULTZ

No. 08SC636.

222 P.3d 303 (2010)

Boston STANTON, Law Offices of Boston Stanton, James S. Covino, James Covino Law Office, and James S. Covino, P.C., Petitioners v. Rod SCHULTZ, Respondent.

Supreme Court of Colorado, En Banc.

January 11, 2010.

Attorney(s) appearing for the Case

Fowler, Schimberg & Flanagan, P.C., Timothy P. Schimberg, Andrew R. McLetchie, Denver, Colorado, Attorneys for Petitioners Boston Stanton and Law Offices of Boston Stanton.

McConnell Fleischner Houghtaling & Craigmile, LLC, Traci L. Van Pelt, Troy R. Rackham, Denver, Colorado, Attorneys for Petitioners James S. Covino, James Covino Law Office, and James S. Covino, P.C.

Kaplan Law L.L.C., Marc J. Kaplan, Julia M. Purchase, Denver, Colorado, Attorneys for Respondent.

Hale Friesen, LLP, Peter J. Krumholz, Denver, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.

Kennedy Childs & Fogg, P.C., John R. Mann, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we review the court of appeals' determination that a previous federal court ruling does not preclude plaintiff Rod Schultz's present state malpractice claim against his former attorneys, Boston Stanton and James Covino, the defendants in this case. Schultz v. Stanton, 198 P.3d 1253 (Colo.App.2008).

Stanton and Covino previously...

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