judge daniel domenico
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Federal judges’ backlog holds steady on Colorado’s district court
As of Sept. 30, Colorado’s federal trial judges collectively had 73 motions in civil cases that had been sitting on their dockets for at least six months without a ruling. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action in civil matters assigned to each district judge and magistrate judge. Twice a year,…
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Federal judge ponders blocking rideshare transparency law amid Uber’s constitutional challenge
A federal judge on Friday weighed whether to temporarily block Colorado from enforcing a law set to take effect in one week requiring rideshare companies to disclose certain information to riders and drivers about the amount of money drivers earned prior to any tip. Last year, the legislature enacted Senate Bill 75 to place new…
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10th Circuit judge speaks about annual ski retreats with clerks, ‘swag’ from 20th anniversary
Judge Timothy M. Tymkovich, a member of the federal appeals court based in Denver, spoke last month about his 20-year tradition of taking ski trips with his clerks — some of whom have since become judges themselves — and about the ski-themed gifts they created for him in that time. “We had, I think, something like 60 or…
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10th Circuit underscores most lawsuits against federal officials are ‘dead’
The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
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Federal judge rejects Jeffco sheriff’s attempt to immediately appeal ruling on detainee’s death
A federal judge has refused to endorse the Jefferson County sheriff’s request to immediately appeal a claim brought against her for a detainee’s death, allegedly caused by the constitutional violations of the jail’s private medical provider. Earlier this year, U.S. District Court Judge Charlotte N. Sweeney permitted a lawsuit to proceed against contractor Wellpath. She…
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Trump presidency raises possibility of 10th Circuit vacancy, with eyes on Domenico
With President-elect Donald Trump taking office in January and a Republican majority in the U.S. Senate, the federal appeals court in Denver could soon see a vacancy arise for one of its Colorado-based seats. Judge Timothy M. Tymkovich has sat on the U.S. Court of Appeals for the 10th Circuit for more than 20 years.…
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10th Circuit underscores high standard for constitutional claims against doctors
The federal appeals court based in Denver agreed last week that a doctor did not violate the constitutional rights of an incarcerated man who later died, while rebuffing a perceived attempt to “redefine the standard” for holding medical providers liable. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit underscored that…
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Colorado Supreme Court says injured motorists can seek both workers’ comp, insurance benefits
The Colorado Supreme Court underscored on Monday that employees who are injured on the job in a vehicle accident by a third party are able to pursue workers’ compensation in addition to insurance benefits. Confusion arose among judges about whether an employee’s receipt of workers’ comp benefits foreclosed any lawsuit they could bring against their…
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Colorado’s federal judges slash motions backlog, with a little outside help
Data released last month by the federal judiciary showed that several of Colorado’s federal trial judges successfully reduced or even eliminated the volume of motions pending for six months or longer on their dockets. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action for more than six months in civil matters assigned to…
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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post
Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…