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COATS v. DISH NETWORK, L.L.C.

Court of Appeals Nos. 12CA0595 & 12CA1704.

303 P.3d 147 (2013)

Brandon COATS, Plaintiff-Appellant, v. DISH NETWORK, L.L.C., Defendant-Appellee.

Colorado Court of Appeals, Div. A.

Announced April 25, 2013.

Attorney(s) appearing for the Case

Thomas K. Carberry, Denver, Colorado; The Evans Firm, LLC, Michael D. Evans, Denver, Colorado, for Plaintiff-Appellant.

Martinez Law Group, P.C., Meghan W. Martinez, Denver, Colorado, for Defendant-Appellee.

Opinion by CHIEF JUDGE DAVIDSON

¶ 1 The primary question before us is whether federally prohibited but state-licensed medical marijuana use is "lawful activity" under section 24-34-402.5, C.R.S.2012, Colorado's Lawful Activities Statute. If it is, employers in Colorado would be effectively prohibited from discharging an employee for off-the-job use of medical marijuana, regardless that such use was in violation of federal law. We conclude, on reasoning different...

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