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Colorado
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April 22, 2024
11 State AGs Urge Senate To Confirm Mangi For 3rd Circ.
A group of 11 attorneys general is calling on the Senate to confirm Adeel Mangi, nominee for the Third Circuit, who would be the first federal Muslim appellate judge if confirmed, condemning allegations that he is antisemitic or anti-law enforcement.
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April 19, 2024
Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit
Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."
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April 19, 2024
Dr. Says Colo. Plaintiffs Bar Trying To Open Tort Floodgates
A doctor is asking the Colorado Supreme Court to scuttle a proposed ballot initiative that would remove noneconomic damages caps for certain claims, arguing that the measure is unconstitutionally broad and would turn the state into "one of the most plaintiff-friendly jurisdictions in the country."
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April 19, 2024
TCPA Only Protects Consumers, Fax Co. Worker Says
One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.
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April 19, 2024
FAA Probing Rockies Coach's Mid-Flight Visit To Cockpit
The Federal Aviation Administration on Friday confirmed it has launched an investigation after Colorado Rockies hitting coach Hensley Meulens posted a video of himself sitting inside the cockpit during a United Airlines team-chartered flight.
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April 19, 2024
Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban
In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.
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April 18, 2024
BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.
The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.
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April 18, 2024
Colo. Panel Says UIM Insurers Didn't Meet State Requirements
USAA and State Farm didn't meet statutory requirements before asserting that a mutual insured didn't comply with their claim inquiring following a motor vehicle incident, a Colorado state appeals court ruled Thursday, adding USAA was required to conduct a claim investigation independent of State Farm's.
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April 18, 2024
$100M Arbitration Award Restored In Colo. Dispensary Fight
A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.
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April 18, 2024
Alleged Funeral Home Fraudster A Flight Risk, Can't Leave Jail
A Colorado federal judge on Thursday ordered an owner of a funeral home where hundreds of bodies were allegedly left to decompose to stay in custody while he awaits related fraud charges, ruling that the potential for a hefty sentence made him a flight risk.
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April 18, 2024
Patient Data Breach Suit Should Be Tossed, Colo. Judge Says
A judge has recommended that CommonSpirit Health be allowed to escape a proposed class action in Colorado federal court accusing it of failing to secure healthcare data leading to a breach affecting more than 600,000 patients, saying the complaint fails to "allege an injury-in-fact."
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April 18, 2024
NCAA Reforms Division I Transfer Rule, Upgrades NIL Policy
The NCAA Division I Council voted unanimously to allow certain transferring student-athletes to be immediately eligible to play on the teams of their new schools, following a multistate antitrust lawsuit challenging current restrictions.
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April 17, 2024
Wilson Sonsini-Led Digital Marketer Ibotta Inks Upsized IPO
Walmart-backed digital marketing platform Ibotta Inc. on Wednesday priced an upsized, $577.3 million initial public offering above its range, represented by Wilson Sonsini Goodrich & Rosati PC and underwriters' counsel Willkie Farr & Gallagher LLP.
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April 17, 2024
Ex-Trump Atty: Colo. Discipline Claims Barred By Prior Case
Former Trump attorney Jenna Ellis has told a Colorado disciplinary judge that the state can't bring a pair of new claims against her for criminal conduct and dishonesty related to her guilty plea in Georgia, arguing that the state could have investigated those issues in an earlier case but did not.
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April 17, 2024
First-Of-Its-Kind Brain Data Privacy Bill Passes In Colo.
Colorado Gov. Jared Polis on Wednesday signed a bipartisan bill to protect the privacy of individuals' brain activity, marking the first time in the United States that a law expands the definition of "sensitive data" to include biological and neural data.
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April 17, 2024
Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT
The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.
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April 17, 2024
Alien Influencer, Ex-Partners Walk Away From IP Row
A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry.
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April 17, 2024
Lewis Brisbois Adds Employment Pro From Fisher Phillips
Lewis Brisbois Bisgaard & Smith LLP announced Wednesday it has brought aboard a new partner to lead the Denver branch of its national labor and employment practice who has more than 10 years of law firm experience, most recently at Fisher Phillips.
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April 17, 2024
Colo. Judge Slams Attys For Petty 'Squabbles' In Patent Fight
A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.
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April 16, 2024
Cooler Co. Says License Revelation Guts Rival's Patent Claim
A Canadian cooler maker has urged a Colorado federal judge to toss a rival's patent infringement claims in a dispute over soft-sided coolers, arguing that the rival failed to disclose a licensing agreement that shows it never had the right to claim infringement in the first place.
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April 16, 2024
Judges Doubt Denver Transit Co.'s $112M Loss Is Protected
A pair of Colorado appellate judges on Tuesday grilled an attorney representing a company claiming its contract with a regional transit authority protected it from $112 million in losses after state regulators changed the rules, asking how the problems that caused the losses weren't the company's own fault.
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April 16, 2024
Son's Health Issues Not Enough To Prevent Dad's Deportation
A father could not convince the Tenth Circuit on Tuesday that his son's medical and educational issues warranted reopening his deportation case, his efforts to stay in the country undercut by evidence that the boy's condition was treatable.
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April 16, 2024
Tribes, Lawmakers Call On Biden To Protect Historic Sites
A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.
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April 16, 2024
Colo. Shooting Case Could Return To State Court, Judge Hints
A federal judge in Connecticut hinted Tuesday that he might send cases by Colorado mass shooting victims against gunmaker Sturm Ruger & Co. back to state court, noting that only rarely may district court judges hear core state law claims when federal law provides an ingredient in the analysis.
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April 16, 2024
Buttigieg, State AGs To Probe Consumer Airline Complaints
Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with Colorado and over a dozen other states to investigate consumer complaints about air travel, vowing to hold airlines and ticket agents accountable for excessive flight cancellations and unfair business practices.
Expert Analysis
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Bill Could Pave Path To 'Safer' Banking For Cannabis Industry
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.
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How 4 State AGs Are Shaping Data Privacy Compliance
As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.