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Colorado
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June 05, 2023
Colo. Trial Courts Can Choose To Ask Jurors About Race, Bias
A Colorado Court of Appeals panel has determined that the state's trial courts have discretion when it comes to deciding whether or not to ask prospective jurors to disclose their race and ethnicity or to provide implicit bias instructions when requested by a party involved in a dispute.
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June 05, 2023
Colorado Cases To Watch: A Midyear Report
The Colorado Supreme Court could determine whether class action attorneys can be sued for defamation when talking to the press, along with the constitutionality of warrants for Google search data. Here are four big cases Centennial State attorneys will be keeping an eye on this year.
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June 02, 2023
Pot Co. CEO Says $1.5M Investor Deal Should End Colo. Suit
The CEO of a Colorado agriculture company has asked a Denver federal judge to bar the state's securities commissioner from pursuing an enforcement action that allegedly involves issues the company already settled for $1.5 million with investors in its bankrupt cannabis subsidiary.
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June 02, 2023
10th Circ. Backs Early Win For FCA In Airbag Defect Suit
A New Mexico driver suing FCA US over an allegedly faulty airbag will not be allowed to revive his case after the Tenth Circuit ruled on Friday that a lower court properly dismissed the suit when the driver failed to provide an expert witness to substantiate the driver's claims.
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June 02, 2023
ITC Removes Peloton Import Ban After $75M Dish Deal
The U.S. International Trade Commission has rescinded an import ban it had ordered against Peloton Interactive Inc.'s workout machines a month after the company agreed to pay a Dish Network subsidiary $75 million for a patent license.
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June 02, 2023
AGs Cut $102M Deal With Indivior In Suboxone Antitrust Case
More than three dozen state-level enforcers reached a $102.5 million deal on Friday with Indivior Inc. to resolve claims that the drugmaker monopolized the market for the opioid addiction treatment Suboxone ahead of a looming September trial.
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June 01, 2023
Grubhub False Ad Deal Rejected Again Amid Objections
A Colorado federal judge rejected Thursday for a second time a proposed deal that would resolve allegations that Grubhub falsely listed restaurants as closed to push customers to its partner restaurants, acknowledging objectors' arguments that the deal might provide only "illusory" injunctive relief, but primarily taking issue with the lack of notice.
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June 01, 2023
Denver Nuggets Owner Says TV Host's Bias Suit Falls Flat
The parent company of cable and satellite channel Altitude and the NBA's Denver Nuggets has asked a Colorado federal judge for a summary judgment in a lawsuit from announcer Todd Romero, who sued for race, age and disability discrimination, calling him a "role player" who misconstrued his place on the broadcast team.
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June 01, 2023
EPA Puts $65M Toward Cleaning Up Navajo Uranium Mines
The U.S. Environmental Protection Agency is spending another $65 million to clean up former uranium mines on Navajo Nation land, marking the latest investment in efforts to reduce contamination at sites in the Southwest that were tapped during the Cold War.
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June 01, 2023
10th Circ. Says Colo. Resort Workers Can't Stop Calif. Deal
Colorado workers who brought a class and collective unpaid wage suit against Vail Resorts can't upend settlement proceedings in related cases in California court through the Tenth Circuit, the appeals court said Thursday, finding the effort came too late, as the deal has already been approved.
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June 01, 2023
The Top In-House Hires Of May
Legal department hires in May included high-profile appointments at American Airlines, Walmart and Albertsons, and at Wake Forest University. Here, Law360 Pulse looks at some of the top in-house announcements from the last few weeks.
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May 31, 2023
In TM Tussle, 10th Circ. Finds All's Well That 'Edwell'
In a split decision, the Tenth Circuit on Wednesday affirmed that trademark law permits a new educational nonprofit called "Edwell" to coexist with an older company that markets training programs under a nearly identical name.
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May 31, 2023
3rd Circ. Preview: Energy Company Fights Fuel June Docket
The Third Circuit is set to hear some high-stakes cases against fuel and energy companies, including whether Citgo's Venezuelan parent company is on the hook for billions in debt owed by the state and whether a business venture can claim royalties from a natural gas drilling company in bankruptcy proceedings.
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May 30, 2023
Colorado Justices Dash Bids For COVID Property Tax Relief
The effects of COVID-19 and the government's response to the pandemic do not trigger the unusual conditions provision in Colorado's property tax law requiring revaluation, the state's Supreme Court ruled Tuesday, dealing a blow to more than a thousand commercial property owners that sued local tax authorities.
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May 30, 2023
Colo. Ski Resort Claims Metro District Collects Illegal Fees
The owner of a 5,000-acre ski resort in the Rocky Mountains has claimed in Colorado federal court that a local metropolitan district illegally charged capital facilities fees as a condition to obtaining building permits and used the money for non-capital purposes.
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May 30, 2023
Cannabis Co. Founder Claims CEO, Girlfriend Stole $5.7M
A cannabis beverage maker's founder has hit its CEO, his girlfriend and the company's accountant with a lawsuit in Colorado state court, accusing them of running a yearslong scheme to misappropriate more than $5.7 million from the cash-only business while defrauding the IRS in the process.
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May 26, 2023
Colorado Firm Tried to Hide Assets From Judgment, Suit Says
A Colorado law practice already facing a $380,000 court judgment because of a botched immigration petition tried to shield two properties from collection by transferring ownership to a firm employee's relatives, a late May lawsuit claims.
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May 26, 2023
AAA's Arbitral Immunity Only Goes So Far, Oil Co. Says
A Colorado oil and gas company urged a federal court on Friday not to toss its lawsuit accusing the American Arbitration Association of improperly and abruptly terminating a claim it had filed against its investors, saying the institution's proposed definition of arbitral immunity is overly broad.
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May 26, 2023
Insurer Lowballed Roof Repair Estimates And Pay, Court Told
A Colorado contractor said it is entitled to two times the covered benefits under a Travelers insurance policy issued to a homeowners association, alleging that the insurer failed to reimburse it for repair work done on 42 properties damaged by hail.
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May 26, 2023
Magistrate Decertifies Grocery Managers' Class In OT Suit
A Colorado magistrate judge dissolved a class of grocery store assistant managers in a former assistant manager's lawsuit alleging they were misclassified as overtime-exempt, ruling the ex-manager couldn't prove all the workers were similarly entitled to nonexempt status.
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May 25, 2023
Judge Says Pot Fraudster Must Pay $1.5M In Civil Suit
A Colorado judge has ruled that two brothers who said they were duped into dumping $500,000 into a shell company made to look like a cannabis operation can recover treble damages against the convicted fraudster who took their money.
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May 25, 2023
Cannabis Software Co. Faces Investors' Suits Over Merger
Another shareholder of cannabis software company Akerna Corp. has filed a lawsuit against it, asking a Colorado federal judge to halt the firm's pending merger with a bitcoin mining company, and saying the newly formed business will "substantially" dilute shareholder value.
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May 25, 2023
Plaintiff Swap Won't Prejudice Insurer In Suit, Court Told
A hotel management company on Wednesday fought a magistrate judge's recommendation against its bid to substitute a sibling company as plaintiff in a coverage dispute over the mismanagement of two hotels, saying the substitution would not prejudice the insurer on the other side of the dispute.
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May 24, 2023
Tribes Urge 10th Circ. To Undo Online Lotto Exclusivity Ruling
The Wichita and Affiliated Tribes said an Oklahoma federal judge rewrote their tribal-state gaming compact with Oklahoma in finding that expanded horse racetrack gaming hours and electronic lottery access don't impinge on the tribes' exclusivity rights, urging the Tenth Circuit to reverse the lower court's decision.
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May 24, 2023
48 States Go After Avid Telecom For Billions Of Robocalls
Almost every state in the union has teamed up to whop Avid Telecom with a massive federal lawsuit accusing the voice call provider of knowingly facilitating billions of illegal robocalls and seeking damages that could add up to more than $1 trillion.
Expert Analysis
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State NIL Laws Aim To Shield Colleges That Defy NCAA
The recent passage of name, image and likeness laws in several states, permitting universities to insert themselves into student-athletes' NIL deals despite prohibitions from the National Collegiate Athletic Association, reveals a pattern of greater protections for universities against potential NCAA enforcement action, say Christina Stylianou and Gregg Clifton at Lewis Brisbois.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Legal Pitfalls To Watch For When Advertising Psychedelics
As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.
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ERISA Ruling Shows Why Insurers Must Justify Claim Denials
The Tenth Circuit's recent decision in D.K. v. United Behavioral Health imposed a long-overdue measure of accountability on health insurers by holding that Employee Retirement Income Security Act compliance requires responding to the medical opinions of the beneficiary's treating doctors before denying claims, says Mark DeBofsky at DeBofsky Law.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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Revenue Sharing Argument Might Save Barrick In 401(k) Case
During recent oral arguments before the Tenth Circuit, Barrick Gold presented revenue sharing as an obvious alternative explanation for the selection of higher-cost share classes in its ex-workers’ 401(k) plan, establishing that dismissal of the case would be consistent with U.S. Supreme Court pleading standard precedent, say Emily Costin and Blake Crohan at Alston & Bird.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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How Tenn. Privacy Law Nuances Could Affect Compliance
Tennessee’s recently enacted data privacy law is similar to statutes passed in other states, but also contains its own nuances that could change how a business needs to comply, such as data protection impact assessments and an affirmative defense for violations, say attorneys at Lewis Rice.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Navigating Data Privacy Assessments Amid New State Laws
As more comprehensive privacy laws move through state legislatures, a common thread is the requirement to conduct and document a data protection impact assessment, meaning businesses should establish not only how assessments are to be conducted, but also the standards and frameworks that should be applied, say Alan Friel and Sasha Kiosse at Squire Patton.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.