In Re the State of Colorado ex rel. Cynthia H. Coffman

Summary

Justice Gabriel, joined by Justice Hood, would vacate the order to show cause and dismiss the appellate proceeding because the State inaccurately characterized the district court's rulings and had not shown grounds for extraordinary review. The dissent reasoned that the district court had repeatedly explained, well before trial, that the State's viable consumer-protection theory depended on alleged kickbacks or disguised attorney fees rather than merely inflated or above-market prices. The dissent also concluded that the district court's reading of the amended complaint was supported by the pleadings. Justice Hood joined the dissent.