judge allison eid
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10th Circuit rejects invitation for full-court review of tax-avoidance case
The Denver-based federal appeals court declined to reconsider the standards for holding entities liable for their tax-avoidance schemes, with a majority of judges voting against full-court review on Monday. In April, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit upheld a trial judge’s finding that Liberty Global, Inc. was not…
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10th Circuit finds no fair housing violation by Littleton landlord for worker’s alleged rape of tenant
The Denver-based federal appeals court concluded on Monday that Littleton’s housing authority could not be held liable for a maintenance worker’s alleged rape of a tenant, as the worker’s employment did not provide any special access to the victim. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged that neither…
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Denver detox center did not violate man’s rights with 10-hour hold, 10th Circuit says
The Colorado-based federal appeals court concluded on Tuesday that Denver’s detoxification facility did not violate a man’s rights by holding him against his will for 10 hours until his blood alcohol content was projected to reach zero. Unusually, Brian Garrett’s lawsuit against Denver CARES unfolded as a federal jury concluded the organization violated the constitutional…
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Divided 10th Circuit upholds Colorado congestion fee on car rentals
The Denver-based federal appeals court concluded on Monday that a 2024 “congestion impact fee” that lawmakers imposed on short-term vehicle rentals did not conflict with a federal prohibition on certain airport-related charges. Beginning in the 1970s, Congress began limiting the types of taxes or fees that state or local governments could impose at airports. Originally,…
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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
The Denver-based federal appeals court issued a mixed decision on Thursday, finding that a group of plaintiffs could not challenge certain aspects of Colorado’s “ghost gun” prohibition, could challenge others, and ordered further analysis of the law’s constitutionality. To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279 three…
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Federal judge partially allows challenge to proceed against Colorado unclaimed property program
A federal judge allowed some claims to proceed last week against Colorado’s treasurer, based upon alleged constitutional violations flowing from the state’s process for reuniting people with their unclaimed property. Previously, U.S. District Court Judge Charlotte N. Sweeney dismissed the lawsuit by plaintiffs David Knellinger and Robert Storey, reasoning that they failed to sufficiently allege…
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Justice Melissa Hart to step down from Colorado Supreme Court
Justice Melissa Hart will step down from the Colorado Supreme Court effective Jan. 5, the Judicial Department announced unexpectedly on Friday. Hart has been on an unexplained and unusual leave of absence from the court since Oct. 28. She told Colorado Politics in November that the leave was for “family and personal health reasons” but provided no…
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Despite prevailing at SCOTUS, 10th Circuit again rejects man’s age discrimination lawsuit
Six months after the nation’s highest court ruled that a man could theoretically reopen his age discrimination case to contest an arbitrator’s unfair decision, the Denver-based federal appeals court determined he could not actually do so under the procedural rules. As a result, plaintiff Gary Waetzig cannot challenge his arbitrator’s violation of her arbitration agreement…
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10th Circuit reinstates Colorado woman’s discrimination lawsuit based on SCOTUS ruling
The Denver-based federal appeals court revived a Westminster woman’s lawsuit against her former employer on Monday, noting a recent U.S. Supreme Court decision lowered the hurdle for proving employment discrimination. Bethany Scheer sued under the Americans with Disabilities Act and the related Rehabilitation Act, alleging her employer perceived her as disabled, mandated that she attend…
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10th Circuit rules child welfare worker immune for alleged false statements at custody hearing
The Denver-based federal appeals court ruled on Tuesday that a child welfare worker’s testimony during a temporary custody hearing, even if it was false, cannot be the basis for a civil lawsuit under the longstanding principle shielding witness statements in judicial proceedings. A trial judge previously believed the allegedly untruthful statements of former Arapahoe County…