judge paul kelly
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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
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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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10th Circuit agrees Frontier must pay TSA for security fees
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Frontier Airlines must pay nearly $5.4 million to the Transportation Security Administration after it improperly held onto security-related fees paid by certain customers, the federal appeals court in Denver ruled on Monday. The TSA argued that federal law and regulations permit refunds of a ticket-based security fee to be paid to only two recipients: the…
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10th Circuit warns lawyers after finding fake case in filing
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The Denver-based federal appeals court warned attorneys to be more careful last month after discovering one lawyer cited a fake case in his arguments. In recent months, federal and state judges in Colorado have begun cautioning lawyers explicitly about the pitfalls of using generative artificial intelligence in legal filings without verifying the output. The Colorado…
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10th Circuit rejects ‘potential for violence’ when police arrest vehicle occupant’s romantic partner
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The Denver-based federal appeals court rejected the idea on Tuesday that a vehicle occupant poses a danger to police solely because they are romantically involved with another occupant who officers are arresting. By 2-1, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Denver police lacked reasonable suspicion to conduct…
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10th Circuit finds Denver officers unconstitutionally searched man
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The Colorado-based federal appeals court concluded last week that Denver officers lacked reasonable suspicion when they detained a group of people who happened to park on a public street near a vehicle used by a shooter 12 hours prior and several miles away. Prosecutors indicted one member of the group, Noah Huerta, for being a…
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10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case
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The Denver-based federal appeals court on Wednesday upheld a $1,000-per-day sanction against a conservative podcaster who absconded from the courthouse where he was required to sit for a deposition — and instead returned home to record a podcast and insult the judge. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also…
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10th Circuit says judge misinterpreted meaning of ‘sudden’ in Denver property damage case
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The Denver-based federal appeals court ruled on Thursday that a trial judge incorrectly interpreted the meaning of “sudden” when he concluded an insurance company need not pay for damage to a home allegedly caused by prolonged construction work nearby. Experts hired by Allstate and homeowner Michael Catalano Jr. disagreed whether the damage to Catalano’s Denver…
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10th Circuit reinstates constitutional rights lawsuit against Douglas County child welfare workers
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The federal appeals court based in Denver reinstated a father’s lawsuit on Thursday against two Douglas County child welfare workers, who allegedly violated his constitutional rights in their investigation of suspected child abuse. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit noted a trial judge had previously dismissed the lawsuit…
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4 federal judges in Colorado advocate for Congress to create new judgeships
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Four federal judges from Colorado were among the hundreds of signatories this month to a letter urging Congress to pass legislation creating 66 new judgeships in trial courts across multiple presidential administrations — starting next year with President-elect Donald Trump. This summer, the U.S. Senate unanimously passed the JUDGES Act, which would increase the size of…
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10th Circuit underscores high standard for constitutional claims against doctors
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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…