judge david goldberg
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Appeals court rejects teacher union challenge to ‘partially effective’ performance rating
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Colorado’s second-highest court on Thursday rejected the claim that the state’s board of education exceeded its authority by allowing a teacher’s “partially effective” performance rating to negatively affect his or her job protections. A three-judge Court of Appeals panel also concluded the board acted properly in limiting the reasons why a teacher can appeal an…
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Appeals court rules anti-police bias alleged in jury deliberations is not basis for overturning verdict
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Colorado’s second-highest court ruled last week that allegations of a juror’s anti-police statements during deliberations in a civil trial cannot trigger an inquiry into whether the juror’s bias requires a new trial. Generally, jurors cannot be made to testify about statements made during deliberations when a party challenges the validity of a jury’s verdict. There…
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Appeals court rules employers cannot deduct their own business costs from employee wages
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Colorado’s second-highest court ruled on Thursday that employers cannot deduct from employees’ wages any costs that are “inherent in the job,” and any work agreements allowing for such an arrangement are unlawful. In the case at hand, Elora Buenger worked as a cosmetologist for 303 Beauty Bar LLC, also known as 303 Salon Lohi. She…
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Appeals court rules Denver ordinance’s constitutionality has no bearing on lawfulness of arrest
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Colorado’s second-highest court ruled on Thursday that regardless of whether a plaintiff could later show Denver’s ordinance was unconstitutional, arresting officers were acting with probable cause at the time and could not be held liable. A three-judge panel for the Court of Appeals pointed to a 1979 decision of the U.S. Supreme Court that indicated…
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
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A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…
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Assault, murder convictions reversed in 2 cases for judges’ errors
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Colorado’s second-highest court on Thursday reversed two sets of criminal convictions because trial judges gave improper instructions to jurors or incorrectly allowed damaging evidence to be heard. In the first case out of Jefferson County, jurors convicted Clinton Eugene Priest of murdering and assaulting Robert Miller after the two men got into a physical confrontation outside…
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Colorado appeals court upholds fine, requirement for ‘dark money’ group to disclose spending
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Colorado’s second-highest court on Thursday agreed a group that spent $4 million backing conservative causes on the ballot in 2020 is required to disclose its contributions and spending, and pay a $40,000 fine for failing to register as an advocacy group. A trial judge previously believed Unite for Colorado, which spent roughly $17 million during…
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Colorado appeals court upholds fine, requirement for ‘dark money’ group to disclose spending
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Colorado’s second-highest court on Thursday agreed a group that spent $4 million backing conservative causes on the ballot in 2020 is required to disclose its contributions and spending, and pay a $40,000 fine for failing to register as an advocacy group. A trial judge previously believed Unite for Colorado, which spent roughly $17 million during…
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Colorado appeals court upholds fine, requirement for ‘dark money’ group to disclose spending
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Colorado’s second-highest court on Thursday agreed a group that spent $4 million backing conservative causes on the ballot in 2020 is required to disclose its contributions and spending, and pay a $40,000 fine for failing to register as an advocacy group. A trial judge previously believed Unite for Colorado, which spent roughly $17 million during…
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Appeals court allows DPS board member’s defamation claims to proceed over sex assault allegations
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Colorado’s second-highest court on Thursday agreed Denver Public Schools board member Auon’tai M. Anderson may pursue defamation claims against two women who posted unsubstantiated allegations online that he committed sexual assault. Anderson, who is vice president of DPS’ board of education, originally filed suit against Black Lives Matter 5280 and three individuals who played a role…