On January 22, 2018, the Colorado Supreme Court released its opinion in Norton v. Rocky Mountain Planned Parenthood, Inc., upholding the trial court’s dismissal of a suit alleging that a state government agency and Rocky Mountain Planned Parenthood violated the Colorado Constitution’s ban on publicly funding the performance of abortions. This decision is an important signal that the Colorado Supreme Court intends the “plausibility” pleading standard it announced in the 2016 case Warne v. Hall, to be strictly applied by the trial courts, which is good news for defendants facing claims with a mental state element, such as discrimination claims or premises liability. These rulings significantly increase the opportunity to bring motions to dismiss at the outset of a case, which can spare defendants from the expense, hassle, and uncertainty of litigation.
