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COLO. MEDICAL BD. v. OFFICE ADMIN. COURTS

Supreme Court Case No. 13SA209.

333 P.3d 70 (2014)

2014 CO 51

In re: The COLORADO MEDICAL BOARD, Plaintiff v. The OFFICE OF ADMINISTRATIVE COURTS and Matthew E. Norwood, an Administrative Law Judge in the Office of Administrative Courts, Defendants and Polly Train, M.D., Defendant-Intervenor.

Supreme Court of Colorado.

June 23, 2014.

Attorney(s) appearing for the Case

Attorneys for Plaintiff: John W. Suthers , Attorney General, Jack M. Wesoky , Senior Assistant Attorney General, Allison R. Ailer , Assistant Attorney General, Denver, Colorado.

Attorneys for Defendants: John W. Suthers , Attorney General, John August Lizza , First Assistant Attorney General, Alice Q. Hosley , Assistant Attorney General, Denver, Colorado.

Attorneys for Defendant-Intervenor: Hershey Decker, Kari M. Hershey , Carmen N. Decker , Todd E. Likman , Lone Tree, Colorado.

Attorneys for Amicus Curiae COPIC Insurance Company: Jaudon & Avery LLP, David H. Yun , Jared R. Ellis , Denver, Colorado.

Attorneys for Amicus Curiae Colorado Defense Lawyers Association: Ruebel & Quillen, LLC, Jeffrey Clay Ruebel , Westminster, Colorado.

Attorneys for Amicus Curiae Colorado Medical Society: Martin Conklin P.C., John L. Conklin , Jerome R. Geraghty , Denver, Colorado.

En Banc

JUSTICE HOBBS delivered the Opinion of the Court.

¶ 1 We issued a rule to show cause under C.A.R. 21 to decide whether the district court abused its discretion in holding that, as a matter of law, section 12-36.5-104(10)(a), C.R.S. (2013), protects professional review committee records from subpoena or discovery and admissibility in "civil suits," but not administrative proceedings. We hold that section 12-36.5-104(10)(a) protects the records of a professional...

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