Colorado

  • February 23, 2024

    Colo. Judge Rejects Trump's Atty Fee Bid In Ballot DQ Suit

    A Colorado state judge has denied former President Donald Trump's bid for over $165,000 in attorney fees in a lawsuit seeking to bar him from the ballot in the upcoming presidential election, with the judge finding one of the dropped claims was not frivolous.

  • February 23, 2024

    Denver Jury Awards Aecom $5M In Toll Lanes Fight

    A Denver federal jury awarded construction design firm Aecom $5.25 million in damages Friday for a subcontractor's failure to pay for design services for a Colorado highway expansion, and rejected the subcontractor's attempt to get $260 million in counterclaims.

  • February 23, 2024

    Christian Clinic Says Trans Surgery Suit Bolsters Mich. Fears

    A Michigan clinic fighting to show it can challenge a state civil rights law it claims would force it to care for transgender patients told the Sixth Circuit that a suit targeting a Colorado children's hospital that stopped providing surgeries for transgender patients underscores how it could come under fire as well. 

  • February 22, 2024

    10th Circ. Won't Enforce $2.3M Award In Shipping Feud

    The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.

  • February 22, 2024

    Athletes' NCAA Suit Will Wait For JPML

    College athletes fighting for a slice of the broadcasting profits their games earn will have to wait until the Judicial Panel on Multidistrict Litigation decides whether to consolidate their case with another similar suit before they continue briefing, a Colorado federal judge has ruled.

  • February 22, 2024

    No Early Win For Geothermal Co. Founder In Ownership Row

    A Colorado federal judge Thursday declined to give a geothermal startup founder an early win in a bitter fight over ownership of the company, concluding in an order that there are too many disputes over a noncompete agreement for the case to be resolved through summary judgment.

  • February 22, 2024

    Survey Website Must Clearly Say It's Selling Customers' Info

    The Pennsylvania Attorney General's Office on Thursday announced a settlement with a Colorado company that was allegedly selling the information of visitors to its website to telemarketers without disclosing what it was doing.

  • February 22, 2024

    YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory

    A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.

  • February 22, 2024

    Law Grad With Disabilities Wins Extra Time On Bar Exam

    A Colorado state judge has ordered the state's lawyer licensing authority to give a recent law school graduate with visual impairments and ADHD extra time to take the bar exam next week, finding the test-taker was likely to prove he needs the 50% time extension.

  • February 22, 2024

    Wash. AG Can't Go It Alone Against Kroger Merger, Cos. Say

    Kroger and Albertsons have urged a judge to toss Washington state's "go-it-alone" bid to block their $24.6 billion merger deal, arguing the anti-competitive concerns raised by the state's attorney general are not a nationwide antitrust issue.

  • February 22, 2024

    Brazilian Heiress' Daughter Can't Escape Colo. Collection Suit

    The daughter of a Brazilian heiress must face claims that she stashed money for her mom to avoid a nearly $20 million court judgment, after a Colorado state judge said a creditor has alleged enough signs of fraud for the allegations to proceed.

  • February 21, 2024

    Judges Doubt Surgery Center Co. Can Undo Contract Loss

    Colorado appellate judges were skeptical Wednesday that a surgery center company could unwind a jury's verdict that it breached a contract with a management services firm because jurors never heard that poor performance could justify canceling the deal, noting that the jury ultimately disagreed that the management company was at fault.

  • February 21, 2024

    Judge Suggests EV-Maker Investor Suit Too Vague To Survive

    A Colorado federal magistrate judge has recommended the dismissal of a shareholder suit against commercial electric vehicle company Lightning eMotors, finding the shareholders failed to bring specific allegations that the company knowingly misled investors on matters like its production capacity and its business relationship with Amazon.

  • February 21, 2024

    MLB Wants Out Of Ex-Scouts' Colorado Age Bias

    Major League Baseball took another swing at dismissing a proposed age discrimination class action filed by several former scouts Tuesday, stressing that the vast majority of the suit has no place in Colorado federal court.

  • February 21, 2024

    Police Immunity Hinges On Whether Silent Siren Led To Injury

    The Colorado Supreme Court has ruled that a police officer can be held liable if failure to use sirens or emergency lights while pursuing a suspect may have contributed to a person's injuries.

  • February 21, 2024

    Messner Reeves Accused Of Losing Client's $700K Deposit

    Colorado-based Messner Reeves LLP is being sued in California state court by a Florida financing consultant that claims the firm failed to protect a $700,000 interest deposit it made as part of a client's business loan.

  • February 20, 2024

    Colo. Justices Ban Disbarred Atty From Filing Pro Se Actions

    The Colorado Supreme Court on Tuesday banned a disbarred attorney from filing pro se actions in the state, with the justices finding the former lawyer has continued her "vexatious" abuse of state courts despite sanctions and fee awards from multiple trial courts.

  • February 20, 2024

    Jurors' Death Penalty Views Not Tied To Race, Colo. Justices Say

    The Colorado Supreme Court on Tuesday unanimously rejected a Black man's efforts to reverse his 2008 murder conviction for a drive-by shooting, with the justices finding that prosecutors' dismissal of two Black jurors did not amount to improper racial bias.

  • February 20, 2024

    Biotech Co. SomaLogic, Former Exec Settle Fight Over Stock

    Colorado-based biotechnology company SomaLogic Inc. and a former co-founder of a company it purchased in 2022 have resolved a lawsuit over the executive's departure and the fate of 400,000 unvested shares, with a California federal judge dismissing the case for good on Friday.

  • February 20, 2024

    Landlord Bias Can Be Eviction Defense, Colo. Justices Say

    The Colorado Supreme Court ruled Tuesday that tenants facing eviction can raise allegations of a landlord's discrimination or retaliation as a defense, directing a trial court to take another look at the case of a woman who accused her landlord of trying to boot her because she refused to have sex with him.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    The Congressman Who Reps Cannabis Reform On Capitol Hill

    Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.

  • February 16, 2024

    Colo. Must Guard Against Unfair Bar Exam Asks, Official Says

    A high-ranking Colorado official on Friday told a state judge in Denver that the state lawyer licensing authority must deny accommodation requests from bar applicants who don't have proper documentation in order to avoid anyone getting an undue advantage on the exam.

  • February 16, 2024

    Switchblade Seller Sues Atty Over Police Raid Advice

    An online switchblade seller in Colorado has accused his former attorney of failing to tell him he could sue the government to try to recover inventory taken during a law enforcement raid involving state and federal authorities.

Expert Analysis

  • Colo. Eviction Case Could Transform Tenant Rights

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    The Colorado Supreme Court recently granted certiorari in a case that could open the door for tenants to assert allegations of discrimination and retaliation during eviction proceedings, and dramatically prolong the state's process, says Jacob Hollars at Spencer Fane.

  • Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert

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    Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.

  • High Court Ruling Boosts New York Times v. Sullivan Vitality

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    The U.S. Supreme Court's recent decision in Counterman v. Colorado, that the First Amendment requires a recklessness standard for true threats prosecutions, shows that an outright overruling of New York Times v. Sullivan is now unlikely despite prior dissenting opinions urging the court to revisit its actual malice standard, say attorneys at Davis Wright.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • The Supreme Court Is At War With Itself On Extraterritoriality

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    The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

  • Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke

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    The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • Unpacking The POWR Act, Colo.'s New Work Harassment Law

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    With the August rollout of Colorado’s Protecting Opportunities and Workers' Rights Act set to make it easier for employees to claim harassment, companies should confirm that their harassment prevention programs satisfy the law’s requirements and provide a clear method to investigate any future claims, say Mamie Ling and Michael Freimann at Armstrong Teasdale.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • A Midyear Look At How AI Is Affecting Lawyers

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    The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.

  • Flawed Analysis Supports Common Law Tax Deficiency Ruling

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    The Colorado federal district court’s recent decision in Liberty Global, holding that the U.S. Department of Justice may assert a common law tax claim without the notice of tax deficiency required by the Internal Revenue Code, relies on a contorted reading of the statute and irrelevant case law, say Loren Opper and Christie Galinski at Miller Canfield.

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