News & Analysis as of

CO Supreme Court

Troutman Pepper

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

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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

Sherman & Howard L.L.C.

Miller v. Amos & Unfair Housing Practices as Affirmative Defense to Eviction

On February 20, 2024, the Colorado Supreme Court announced its opinion on Miller v. Amos, 2024 CO 11 (February 20, 2024) and held that defendants in forcible entry and detainer (“FED”) actions may assert violations of the...more

Rodemer Kane Attorneys at Law

Colorado Self-Defense Laws – When Is It Legal to Use Force?

Colorado's self-defense law grants you the right to employ physical force in defense of yourself or others, provided you meet two key conditions: ● Reasonable Belief: You must genuinely believe that using force is...more

Sherman & Howard L.L.C.

Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period...more

Rodemer Kane Attorneys at Law

Is Colorado a “Stand Your Ground” State? See What the Law Says

Colorado is not a pure "Stand Your Ground" state, there is no specific stand your ground statute. Colorado law does recognize the right to use force, including deadly force, in self-defense situations, but it does not have a...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

Ballard Spahr LLP

Colorado Supreme Court Holds That Insurrection Clause Bars Trump From Primary Ballot

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In a groundbreaking 4-3 decision headed by a 133-page majority opinion, the Colorado Supreme Court held this week that the Section Three of the Fourteenth Amendment (the Insurrection Clause) prohibits former President Donald...more

Houston Harbaugh, P.C.

The Colorado Supreme Court Declines to Adopt Commercial Discovery Rule

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Let’s assume you own 136 acres in Tioga County. In 2011, you signed a new oil and gas lease with ABC Production (the “2011 Lease”). The 2011 Lease had a five-year primary term which expired in October 2016. In 2014, ABC...more

Troutman Pepper

When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

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Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more

Robinson+Cole Data Privacy + Security Insider

Controversial ‘Keyword Search’ Warrant Leads to Arrests in Murder Case

Last week, the Colorado Supreme Court upheld a criminal conviction which relied in part on evidence obtained pursuant to a warrant for Google search data. People v. Seymour, 2023 CO 53 (Oct. 16, 2023) (available at...more

Troutman Pepper

Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

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On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy...more

McAfee & Taft

Couple’s discrimination and retaliation case against Colorado Supreme Court dismissed

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Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more

Whitcomb Selinsky, PC

The People versus Race

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The prosecutor's opening statement was "flagrantly, glaring, and tremendously improper". Those are the words the Colorado Court of Appeals used to describe the racially charged language a District Attorney (D.A., prosecution)...more

Sherman & Howard L.L.C.

Bankruptcy Discharge Does Not Trigger Statute of Limitations on Claim Based on Security Agreement

In a recent decision, the Colorado Supreme Court reversed the Colorado Court of Appeals and held that a discharge in bankruptcy does not trigger the statute of limitations on a claim to foreclose based on a deed of trust....more

Wiley Rein LLP

Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies

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The United States District Court for the District of Colorado, applying Colorado law, has held that claimants were not entitled to coverage for default judgments because the insured dentist failed to provide notice of the...more

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