Colorado Supreme Court Weighs Impact of Presumption in Broker Malicious Prosecution Cases

In a session on Wednesday, the Colorado justices expressed concerns about the implications of accepting a presumption that could significantly raise the burden on brokers involved in malicious prosecution cases. The justices deliberated whether a broker’s inability to achieve a pretrial victory in a professional negligence lawsuit should automatically weaken her malicious prosecution claim. Highlighting the potential difficulty, one justice remarked that creating such a burden might make it “almost impossible” to overcome, noting the judiciary’s tendency to err on the side of letting juries assess cases. This judicial apprehension reflects a broader caution within the legal system about overstepping into jury territories. For more details on this judicial debate, you can access the full discussion through Law360.