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CO Supreme Court

Clark Hill PLC

Colorado damage caps: Supreme Court upholds $40 million medical malpractice award

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On October 20, the Colorado Supreme Court unanimously affirmed a $40 million medical malpractice verdict, clarifying when and how juries – not judges – should determine damages in catastrophic injury cases that exceed the...more

Littler

Colorado Supreme Court Rejects 6-Year Statute of Limitations for Wage Claims, Holds 2- or 3-Year Period Applies

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Colorado employers finally have clarity that all wage claims in Colorado are subject to a two-year statute of limitations, or three years for a willful violation. On September 15, 2025, in a highly anticipated decision in By...more

Husch Blackwell LLP

Colorado Supreme Court Rules Shorter Statute of Limitations Period Applies to Colorado Wage Claims

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Last week, the Colorado Supreme Court published a long-awaited decision finding that the statute of limitations period for all Colorado wage claims is two years (or three years for a willful violation), not six years. This...more

Fisher Phillips

Colorado Supreme Court Just Halved the Timeframe to Bring Minimum Wage Act Claims: What Employers Need to Know About This Major...

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The Colorado Supreme Court just gave employers significant relief from minimum wage lawsuits. Last week, in By the Rockies v. Perez, the court ruled that the applicable limitations period for a Minimum Wage Act (MWA)...more

Holland & Knight LLP

2 Years, Not 6: Colorado Supreme Court Says Minimum Wage Act Limitations Period Mirrors FLSA

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The Colorado Supreme Court issued a decision in By the Rockies LLC and Duane Layton v. Perez on Sept. 15, 2025, that determined that a two-year statute of limitations (for non-willful violations) or three-year statute of...more

Jackson Lewis P.C.

Colorado Supreme Court Sets Two-Year Clock on State Minimum Wage Act Claims, Strengthening Employer Defenses

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The Colorado Supreme Court has ruled that a two-year statute of limitations applies to employees filing suit under the Colorado Minimum Wage Act. By the Rockies LLC v. Perez, 2025 CO 56 (Sept. 15, 2025). The Court’s decision...more

Lathrop GPM

Colorado Supreme Court Clarifies - a Bit - the Economic Loss Rule

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In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under...more

Tyson & Mendes LLP

Privacy vs. Relevance: How Deep Can Discovery Go in Colorado Lien Cases?

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Jina Garcia found herself entangled in a legal battle with Centura Health Corp. after receiving medical treatment and subsequently facing a lien on any potential settlement or judgment in In Re Garcia v. Centura Health Corp....more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Confirms Right to Jury Trial for Factual Disputes in Certain Eviction Actions

The Colorado Supreme Court recently ruled in Mercy Housing Management Group Inc. v. Bermudez that there is a right to a jury trial on factual disputes in forcible-entry-and-detainer (“FED”) actions, in stark contrast to...more

Jackson Lewis P.C.

Recent Court Ruling Creates Holiday Incentive Pay Twist for Colorado Employers

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The Colorado Supreme Court has ruled that Colorado law is not like federal law when it comes to holiday pay. The Court found that the Colorado Minimum Wage Order (currently, COMPS Order 39) requires holiday incentive pay be...more

Holland & Hart - Employers' Lawyers

In Colorado, Holiday Incentive Pay Must Be Included When Calculating the Regular Rate of Pay

On January 12, 2024, the federal Tenth Circuit Court of Appeals asked the Colorado Supreme Court to clarify whether, under Colorado law, holiday incentive pay must be included when calculating an employee’s regular rate of...more

White and Williams LLP

The Complex Insurance Coverage Reporter: September 2024

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S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024) Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving...more

Husch Blackwell LLP

Colorado Supreme Court Rules That Regular Rate of Pay Includes Holiday Incentive Pay for Calculating Overtime

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Last week, the Colorado Supreme Court issued a highly anticipated decision, finding that the “regular rate of pay” under Colorado law does include holiday incentive pay for purposes of calculating overtime. The Tenth Circuit,...more

Troutman Pepper Locke

Colorado Argues for Expanded Application of State’s Consumer Protection Statute

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In a recent amicus brief submitted to the Colorado Supreme Court, the Colorado Attorney General’s (AG) office has expressed its support for plaintiffs in a case that raises questions about the interplay between Colorado’s...more

Clark Hill PLC

Colorado Supreme Court Rules “Holiday Incentive” Pay Must Be Calculated in Overtime Pay

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In Hamilton v Amazon.com, a Colorado Wage Act case, a former Amazon warehouse worker brought a suit against Amazon alleging Amazon failed to pay him the correct amount of overtime during time periods he also worked on a...more

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

Vedder Price

Colorado Supreme Court To Decide What Limitations Period Applies To Colorado Minimum Wage Act Claims

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On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Clark Hill PLC

Colorado Supreme Court Rules That the Economic Loss Rule Has No Bearing on Whether the Colorado Governmental Immunity Act Bars a...

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In City of Aspen v. Burlingame Ranch II Condo. Owners Ass’n, Inc., 2024 CO 46 (Colo. 2024), the Colorado Supreme Court case clarifies that the economic loss rule (ELR) has no part to play in determining whether the Colorado...more

Pillsbury - Policyholder Pulse blog

Colorado Extends Notice-Prejudice Rule for First-Party Occurrence Policies

In a recent win for policyholders, the Supreme Court of Colorado handed down a pair of decisions that extended the notice-prejudice rule to first-party property policies. Colorado law now requires an insurer to demonstrate...more

Tyson & Mendes LLP

NO WAY, PRO SE! The Consequences of Abusing the Judicial System as a Pro Se Litigant in Colorado

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Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al....more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Ruling Alters Landscape for Urban Renewal

Late last month, the Colorado Supreme Court dealt a blow to the ability of urban renewal authorities in Colorado to collect revenues generated by the adoption of an urban renewal plan. In Kaiser v. Aurora Urban Renewal...more

Steptoe & Johnson PLLC

Colorado Supreme Court Clarifies the Law Applicable to Oil and Gas Leases

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The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado...more

Nossaman LLP

Compliance Notes - Vol. 5, Issue 2

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Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance,...more

Cozen O'Connor

Cozen Currents: The Defining Threat (to Define the Threat) to Democracy

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The Cozen Lens- • On the third anniversary of the January 6, 2021, attack on the US Capitol, both Democrats and Republicans argue that democracy is under threat, but from distinctly different perspectives. • Both parties...more

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