boulder
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SCOTUS whisperer? Justice Carlos Samour may get second opportunity to turn state dissent into national precedent
For the second time in two years, Justice Carlos A. Samour Jr. occupies an unusual position: Having his dissent in a Colorado Supreme Court case potentially forming the basis of U.S. Supreme Court precedent. Earlier this week, the nation’s highest court accepted an appeal questioning whether plaintiffs may sue fossil fuel producers under state law…
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Appeals judges tell Boulder students about workload, ‘attack mode’ during school visit
Three judges on Colorado’s second-highest court traveled to Boulder on Tuesday to hear oral arguments in real cases and field questions from students about their professional paths, their workload on the Court of Appeals, and their approach to interacting with attorneys. “Sometimes, I regret my tone. I will admit that I get a little too…
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U.S. Supreme Court to hear bid by oil companies to toss climate suits in Boulder case
WASHINGTON • The U.S. Supreme Court has agreed to hear a bid by ExxonMobil and Suncor Energy to scuttle a lawsuit brought by officials in Boulder that seeks to hold the oil companies liable for allegedly helping to fuel climate change in a case that could affect dozens of similar lawsuits around the country. The…
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Trump administration moves to shutter national climate lab in Colorado
Democrats slam decision as ‘deeply dangerous’ as White House calls facility a source of ‘climate alarmism’ The Trump administration is moving to dismantle one of the world’s leading climate and weather research institutions, citing what a White House official termed the Colorado-based facility’s “climate alarmism” in a decision state Democratic elected officials denounced as “deeply…
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Federal judge dismisses claims that Boulder prosecutor ’emboldened’ false testimony
A federal judge on Tuesday dismissed a man’s claims that a former Boulder County prosecutor “emboldened” an alleged sexual assault victim to alter her story after the original charge was dismissed for lack of probable cause. The district attorney’s office twice attempted to prosecute Pierce Spinelli for felony sexual assault, his lawsuit alleged. But both…
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Federal judge dismisses Boulder’s lawsuit against FAA over future municipal airport closure
A federal judge on Monday dismissed Boulder’s lawsuit against the Federal Aviation Administration, which sought to confirm the city’s position that it is not legally obligated to continue operating Boulder Municipal Airport after 2040. The city sued last year because it believed it did not need the FAA’s approval to discontinue airport operations. Boulder argued…
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Federal judge partially allows challenge to proceed against gun ordinances in Boulder County
A federal judge on Thursday permitted firearm owners and two gun-rights organizations to proceed with their constitutional challenge to certain provisions of gun safety ordinances enacted by Boulder County and three of its municipalities. Rocky Mountain Gun Owners, the National Association for Gun Rights and five individual Coloradans filed suit in 2022 over local firearms…
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Colorado Supreme Court green-lights lawsuit over climate change impacts to Boulder County
The Colorado Supreme Court permitted Boulder County and the city of Boulder on Monday to proceed with their lawsuit against two fossil fuel corporations over alleged local harms caused by the effects of climate change. By 5-2, the Supreme Court concluded federal law did not preclude the local governments from raising state-level claims of nuisance,…
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Appeals court clarifies prohibition on lawyers doubling as witnesses covers more than jury trials
Colorado’s second-highest court clarified on Thursday that the rule generally prohibiting lawyers from also serving as witnesses at trial does not apply only to jury trials. Under Colorado’s rules of professional conduct, an attorney cannot litigate a case when the lawyer is likely to be a necessary witness “at trial.” There are limited exceptions, including…
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Colorado justices signal intervention in 4 ongoing cases, including jury trials for evictions and Ouray rape prosecution
The Colorado Supreme Court recently signaled it may intervene in four ongoing cases in the trial courts on subjects that include a tenant’s right to a jury trial in eviction proceedings, whether defendants should remain incarcerated pending a sanity evaluation and a judge’s decision to sanction prosecutors for late-disclosed evidence. Although most of the Supreme…