In Re: Villas at Highland Park Homeowners Association, Inc., a Colorado Nonprofit Corporation, Plaintiff v. Villas…

Summary

The court held that issue preclusion did not bar the developers’ motion to disqualify the plaintiff’s attorney and law firm because the Rule 1.9(a) substantial-relationship inquiry is specific to the particular representations and claims involved. The district court therefore abused its discretion by relying on the prior ruling instead of meaningfully analyzing the disqualification motion under Rule 1.9(a), and the court vacated the order and remanded. Justice Gabriel, joined by Justices Eid and Hood, dissented, concluding that the district court had decided the merits and properly found no substantial relationship.