judge marie moses
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
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The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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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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Colorado Supreme Court clarifies path for proving insurers’ unreasonable delay of benefits
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The Colorado Supreme Court delivered a decision with mixed benefits to insurance companies and policyholders on Monday, ruling that insurers’ internal evaluations of claims cannot be used to prove how much they owe a plaintiff, but companies also cannot hide behind ambiguity to delay paying certain types of damages. Under state law, insurers cannot unreasonably…
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School administrators’ discipline records not subject to disclosure, appeals court rules
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Disciplinary records for public school administrators are not subject to disclosure thanks to a law shielding materials used in preparing educator evaluations, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the Court of Appeals noted administrators’ disciplinary histories are factors in their evaluations, thereby landing within an exception to the state’s open records…
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Appeals court green-lights ex-Dominion executive’s defamation claim against Rudy Giuliani
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Colorado’s second-highest court agreed on Thursday that a former executive of Denver-based Dominion Voting Systems may proceed with a defamation claim against Rudy Giuliani for his unproven accusations of election rigging in the 2020 presidential race. The decision by a three-judge panel of the Court of Appeals mirrored a more comprehensive opinion issued in April,…
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Colorado justices wary of upending process for settling insurance claims of injured parties
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Members of the Colorado Supreme Court seemed hesitant last month to find that insurance companies act unreasonably if they do not immediately pay an injured claimant the minimum amount the insurer’s internal analysis has calculated. Under state law, insurers cannot unreasonably delay or deny payment on a claim. The Supreme Court, in a 2018 decision, previously…
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Divided appeals court strikes down campaign disclosure requirement in Colorado law
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Colorado’s second-highest court on Thursday concluded the state’s requirement that ballot issue advocacy groups disclose the name of their legal representative on their election communications violates the First Amendment. By 2-1, a three-judge panel of the Court of Appeals believed there was no material benefit to the public from knowing who the registered agents are…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
