Resolution Trust Corp. v. Heiserman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the term “tortious act” in section 13-21-111.5(4) “includes any conduct other than breach of contract that constitutes a civil wrong and causes injury or damages”
• stating that the legislature is presumed to have acted with full knowledge of relevant judicial precedent
• stating that the legislature is presumed to have acted with full knowledge of relevant judicial precedent
• rejecting argument “that because the phrase ‘negligence or fault’ appears in section 13–21–111.5 nine times but the term ‘tortious act’ appears once in section 13–21–111.5(4), the term ‘tortious act’ must mean something other than the phrase ‘negligence or fault’”
• “[T]he term ‘tortious act’ encompasses any wrongful act, 40 other than breach of contract, causing injury or damages . . . .”
• “a tort, broadly speaking, is a civil wrong, other than breach of contract” (internal quotations and citation omitted)

Source: CourtListener parenthetical corpus (CC0).