covid-19
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Colorado Supreme Court to hear cases on insurance coverage for COVID, witness credibility
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The Colorado Supreme Court announced on Tuesday that it will decide the degree to which a virus or other hazard must affect a commercial property before it can trigger loss-or-damage coverage under an insurance policy. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one…
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Federal judge lets ex-Castle Rock employee’s discrimination lawsuit proceed
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A federal judge rejected the town of Castle Rock’s effort to dismiss an ex-employee’s age and gender discrimination lawsuit on Wednesday, while deeming the case a close call. Carl E. Filler, who was in his mid-60s when the town hired him as a traffic engineering technician, was employed for only six months between July 2022…
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Appeals court, for third time, confirms new trial necessary for Alamosa County judge’s public trial violation
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Colorado’s second-highest court confirmed for the third time last week that an Alamosa County judge violated a defendant’s constitutional right to a public trial, which requires the reversal of his convictions. The unusual number of opinions in Gilberto Andres Montoya’s appeal, and the shifting rationale for why a new trial is necessary, stems in part…
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10th Circuit rejects assortment of legal theories challenging workplace vaccine mandates
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The Denver-based federal appeals court rejected an array of legal theories on Tuesday that challenged employers’ ability to impose COVID-19 vaccination requirements under the U.S. Constitution, laws governing emergency drug authorizations and the rules for human experimentation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit followed in the footsteps of…
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Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
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A slim majority of the Colorado Supreme Court decided on Monday that livestreaming criminal proceedings without also opening the physical courtroom to spectators may violate the constitutional guarantee of a public trial. Addressing an issue that arose during the early COVID-19 pandemic, the justices considered whether it was acceptable for trial judges to restrict their…
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Divided appeals court says COVID-19 did not cause ‘direct physical loss’ to senior care facilities
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Colorado’s second-highest court ruled on Wednesday that the COVID-19 pandemic and related public health orders did not cause a “direct physical loss” to the property of various assisted living facilities to the point of triggering insurance coverage. By 2-1, a three-judge Court of Appeals panel relied on the reasoning of recent federal court opinions and…
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Federal judge sides with Colorado Symphony in violinist’s religious discrimination lawsuit
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A federal judge last week found the Colorado Symphony Association had not discriminated against a violinist on the basis of her religion by placing her on leave when she did not receive a COVID-19 vaccination. Larisa Fesmire has been a violinist with the Colorado Symphony Orchestra since 1998. She described herself as a “Bible based…
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10th Circuit rules COVID access restrictions constitutional in criminal trial
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The Denver-based federal appeals court decided on Tuesday that the drastic restrictions on courtroom access during the ongoing COVID-19 pandemic did not violate a convicted defendant’s constitutional right to a public trial. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit also rejected the argument that the trial court’s method of…
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Colorado Supreme Court ends lawsuit seeking refunds for CSU campus closure
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Colorado State University students may not claim their school unjustly enriched itself when it temporarily closed its physical campus during the COVID-19 pandemic and did not provide refunds, the Colorado Supreme Court ruled on Monday. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…
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Federal judge rejects ex-Denver employee’s lawsuit over vaccine objection
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A federal judge ruled last week that a former Denver employee had not shown the city violated his rights by rejecting his request for a religious exemption to the COVID-19 vaccine mandate. Specifically, U.S. District Court Chief Judge Philip A. Brimmer concluded plaintiff Patrick Higgins had not actually lodged a coherent religious-based objection, as he…





