judge michael berger
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Appeals court rules witnesses cannot be sued for false grand jury testimony
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Colorado’s second-highest court ruled on Thursday that witnesses who testify before grand juries may not be sued for making false statements. However, a three-judge panel for the Court of Appeals clarified that witnesses are not immune for bad-faith reports to law enforcement prior to their testimony. Although the July 11 decision was the first time…
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Colorado justices overrule appeals court’s incorrect standard for mid-case appeals
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The Colorado Supreme Court on Monday overruled a 7-year-old decision of the state’s second-highest court after a plaintiff, the defendants and even one of the judges who participated in the decision called it incorrect. Typically, appellate courts can only review final judgments that address all of the claims in a civil case. However, Colorado’s procedural…
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Colorado justices, 4-3, uphold Denver jury’s $9.2 million award for botched surgery
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The Colorado Supreme Court, in a divided ruling on Monday, left in place a Denver jury’s award of more than $9.2 million to a man severely injured after his back surgery at Sky Ridge Medical Center went wrong. Although Colorado law limits damages in medical malpractice cases to $1 million, it is possible for a judge…
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Colorado justices, 4-3, uphold Denver jury’s $9.2 million award for botched surgery
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The Colorado Supreme Court, in a divided ruling on Monday, left in place a Denver jury’s award of more than $9.2 million to a man severely injured after his back surgery at Sky Ridge Medical Center went wrong. Although Colorado law limits damages in medical malpractice cases to $1 million, it is possible for a judge…
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Divided appeals court upholds Denver child sex assault conviction
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Colorado’s second-highest court upheld a man’s sex assault conviction earlier this month, although there was disagreement between appellate judges about whether jurors properly evaluated damaging evidence of the defendant’s conduct in light of his unusual defense at trial. A Denver jury convicted Mohammed Diawarra in 2021 for sexual assault on a child after he impregnated an…
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Colorado justices conflicted about using views on police bias to remove jurors of color
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For two hours on Tuesday, the Colorado Supreme Court grappled with a question that could significantly affect the composition of juries going forward: If a juror of color, based on her experiences, says that bias in policing exists, would removing that person from the jury pool be tantamount to dismissing her because of her race?…
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Colorado justices open to viewing campus sexual misconduct policies as ‘contracts’
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After Colorado’s second-highest court concluded the University of Denver’s promise of a “thorough, impartial and fair” investigation into alleged sexual misconduct was sufficiently descriptive to be an enforceable contract, the school appealed, claiming accused students should not be able to sue over vague terms like “fair.” During oral arguments on Tuesday, the justices agreed with…
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Colorado justices consider whether to uphold $9.2 million jury verdict for man’s botched surgery
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After a Denver jury awarded a man $9.2 million for his severely botched surgery, a trial judge found half a dozen reasons to override the much lower limit in state law and give the plaintiff the entire amount as jurors intended. This week, however, the Colorado Supreme Court questioned whether one of the judge’s cited…
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Child neglect rulings in 3 cases reversed by Colorado appeals court
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Colorado’s second-highest court on Thursday determined judges in Montrose and Mesa counties improperly ruled against parents in child welfare cases, with one judge being the subject of two reversals. Weeks earlier, Montrose County District Court Judge D. Cory Jackson was reversed a third time by the Court of Appeals because he denied a woman’s request for…
