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Colorado
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March 27, 2024
Judge Won't Sift Through IP Docs For Oil Co.'s Counterclaims
A Colorado federal judge said it's "patently unreasonable" to expect her to comb through hundreds of pages to find support for an oil and gas equipment maker's patent invalidity allegations, as she dismissed three of the company's counterclaims.
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March 27, 2024
10th Circ. Orders Atty Fee Redo In Excessive Force Settlement
A Tenth Circuit panel has ruled that attorney fees prisoners can recover are not capped by federal law, saying that a Kansas prisoner should have gotten more money in his excessive force settlement with the state's highway patrol.
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March 27, 2024
Ex-GC With Lockheed Martin Space Joins Sherman & Howard
A former general counsel and longtime attorney at Lockheed Martin has joined Sherman & Howard LLC as co-leader of the aerospace industry group, the law firm said Wednesday.
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March 27, 2024
NCAA President Calls For Nationwide Ban On Prop Bets
NCAA President Charlie Baker on Wednesday called for all states to ban prop bets on college sports, pointing to reports of harassment of college and pro athletes over such bets, and saying he aims to "protect student-athletes and to protect the integrity of the game."
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March 26, 2024
'Landmark' Trans Women Prison Housing Deal Gets Final OK
A Colorado state judge on Tuesday approved a consent decree between the state and a class of transgender women who sued over dangerous housing conditions in state prisons and now hope the plan to accommodate their needs will spread to other states.
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March 26, 2024
Web Designer To Get Atty Fees After High Court Win
A federal judge on Tuesday said a Christian website designer and her company are entitled to attorney fees and costs after the U.S. Supreme Court ruled last year that Colorado can't force her to create wedding websites for same-sex couples.
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March 26, 2024
Oil Cos. Say Partner Kept Them In The Dark On New Facilities
A group of Colorado oil and gas companies have accused a Texas energy company they partnered with of secretly building and running pipelines and other infrastructure to support North Dakota oil and gas wells, cutting the Colorado companies out of their share.
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March 26, 2024
Ski Resort Corp. Says Sheep Used As Pretext To Ruin Project
Ski resort corporation The Vail Corp. told the Colorado Court of Appeals Monday to revive its workforce housing project after the town of Vail allegedly gave into local opposition against the project and used a local bighorn sheep herd as pretext to condemn the 23.3 acres of land that the ski resort corporation planned to use for the project.
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March 26, 2024
Jurisdiction Snafu Sinks US Bank Exec's Second Firing Suit
A former U.S. Bank managing director has lost a second lawsuit challenging his firing, after a Colorado federal judge on Tuesday ruled that the executive is precluded from bringing a wrongful termination claim after a procedural misstep in the first case.
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March 25, 2024
Lender Groups Sue Over Colorado's Rate 'Opt-Out' Law
A coalition of lender trade groups filed suit Monday to block Colorado officials from enforcing a new, impending law to rein in high-cost online lending by out-of-state banks, alleging it violates federal law and risks harming Colorado borrowers instead of helping them.
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March 25, 2024
Full 10th Circ. Stands By Revival Of Valero Pipeline Leak Suit
The full Tenth Circuit refused to budge from a panel's February decision that partly revived an Oklahoma cattle ranch's lawsuit seeking to hold Valero Energy Corp. liable for a pipeline leak that allegedly contaminated the ranch property.
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March 25, 2024
Amgen Sues Colorado After Drug's 'Unaffordable' Rating
Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.
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March 25, 2024
Colo. Justices Say Insurer's Vintage Car Exclusion Holds Up
Colorado's justices on Monday ruled that specialty insurance policies for vintage cars can limit uninsured motorist coverage when they work "in tandem" with a policy for a regular-use vehicle, with the court finding that antique car policies warrant "different treatment."
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March 25, 2024
Kroger Says Sweetened Merger Deal Will Sink Antitrust Doubts
Kroger told a Colorado state judge Monday that it plans to "enhance" its $24.6 billion Albertson's merger to satisfy federal and state regulators, a plan it did not yet describe in detail and that Colorado said it has not seen.
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March 25, 2024
OSU, WSU Finalize $65M Deal With Departing Pac-12 Schools
Oregon State University and Washington State University finalized the terms of their settlement with the departing members of the Pac-12 conference Monday, splitting $65 million in fees and securing additional protections for their slimmed-down partnership.
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
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March 22, 2024
Colo. City Wins $13.5M For Software Co.'s Trickery
A Colorado federal judge says a software company that was found to have lied to secure a multimillion project with the city of Fort Collins must pay $13.5 million for the city's costs stemming from its fraud.
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March 22, 2024
Foley Hoag Adds Employment Atty To Denver Office
A former Sherman & Howard LLC attorney advising employers on union organizing campaigns, collective bargaining and unfair labor practice cases is now a Foley Hoag LLP partner in Denver, the firm announced, where he will bring 20-plus years of experience in private practice and as an NLRB attorney.
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March 22, 2024
Radiology Co., Trustee Must Face Ex-Worker's ESOP Suit
A Colorado federal judge refused to toss a proposed class action accusing a radiology company and its trustee of overcharging the company's employee stock ownership plan in a $163.7 million sale, saying the former workers' complaint puts forward enough details to back up their allegations.
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March 22, 2024
Pot Co. Investor Gets Colo. Contract Breach Suit Revived
A Colorado appeals court has revived an investor's suit alleging that the head of a six-company cannabis enterprise failed to pay out as agreed, finding the trial court was wrong to find the investor did not have a legally protected interest in the enterprise.
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March 22, 2024
Colo. Water District Illegally Doubled Tax Rate, Panel Says
A water conservancy district violated the Colorado Constitution when it doubled its property tax rate without voter approval, a state appeals court ruled, reversing a lower court's decision against a proposed class of property owners.
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March 22, 2024
Colo. Mandates Multistate Online Insurance Tax Filing
Insurance companies in Colorado will be required to pay certain taxes through multistate third-party web-based application under legislation that Democratic Gov. Jared Polis signed into law Friday.
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March 22, 2024
Walmart OT Suit 'Just Barely' Gets Collective Cert.
Workers claiming that Walmart and a related entity misclassified them as salaried employees exempt from overtime "just barely" met the requirements to move forward as a collective, a Colorado federal judge ruled Friday.
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March 22, 2024
Colo. Foreign Students Not Residents, Tax Dept. Says
A foreign student, intern or trainee temporarily in Colorado would not be considered domiciled in Colorado under the state's six-month rule and would not need to pay the state's income tax, the state tax department said.
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March 22, 2024
Colo. Geothermal Startup, Directors Settle Ownership Spat
A Colorado-based geothermal energy startup and its partners have told a federal judge they are finalizing a settlement to end more than a year of bitter litigation over ownership of the company.
Expert Analysis
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Colorado Antitrust Reform Carries Broad State Impact
Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.
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Regulating AI: Litigation Questions And State Efforts To Watch
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
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The Issues Brewing Around Starbucks Labor Practice Cases
Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.
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High Court's Tribal Water Rights Ruling Steadies The Boat
The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Colo. Eviction Case Could Transform Tenant Rights
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.
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Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert
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.
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High Court Ruling Boosts New York Times v. Sullivan Vitality
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.
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Courts Can Overturn Deficient State Regulations, Too
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.
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Tales From The Trenches Of Remote Depositions
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.
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Employer Drug-Testing Policies Must Evolve With State Law
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.