Folks v State Farm Mutual Automobile Insurance Company

Folks appealed the denial of her class certification motion and the amount of damages and prejudgment interest awarded in the judgment on her individual claim. The panel affirmed. It held that Folks failed to raise the certification issues argued in the district court and thus waived them and that the alternative notice basis for certification was raised for the first time on appeal and thus was forfeited. As to the damages, the panel held that Colorado statutory and case law plainly allows treble damages for benefits denied in a willful and wanton way, but, does not allow recovery of benefits denied and three times that amount. Thus, the damages valuation by the district court was correct. It finally held that the interest was properly calculated form the date befits were due under the plain language of the applicable Colorado statute.

United States v Howard

Howard appealed his sentence and restitution order. The panel affirmed in part, reversed in part and remanded. It rejected Howard’s argument that the loss calculation was incorrect as Howard failed to object to certain evidence being admitted and under circuit precedent factual disputes not raised to the district court are not plain error requiring reversal. The panel reversed as to restitution holding the district court improperly calculated the loss amounts of later holders of mortgages as those holders may have purchased the loans at a discount which would decrease the amount of any loss and make the current award an illegal windfall to those later purchasers. The case was remanded for additional proceedings as to restitution.