Supreme Court of Colorado
Mercantile Adjustment Bureau, L.L.C., Petitioner/cross-Respondent v. Elizabeth Flood, Respondent/cr — Coats, J…
May 29, 20122012 Colo. LEXIS 389
Summary
Justice Coats dissented from the judgment, arguing that fees paid by the consumer’s attorney to separately retained appellate attorneys were not allowable litigation expenses and were not shown to be the consumer’s reasonable attorney fees under the fee-shifting statute. He would require proof of an attorney-client relationship between the consumer and the appellate attorneys, including appropriate informed consent, rather than treating the attorneys’ work for the consumer’s attorney as sufficient. Justice Eid joined the dissent.