judge philip brimmer
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Colorado Supreme Court rules Amazon must include ‘holiday incentive pay’ in overtime calculations
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The Colorado Supreme Court ruled on Monday that Amazon’s incentive payments to employees for work performed on holidays must be part of overtime pay calculations under the state’s wage regulations. The decision is a victory for Dan Hamilton, an Amazon worker who filed a class action lawsuit alleging the company improperly excluded holiday incentive pay…
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Federal judge denies compassionate release to prisoner worried about COVID, but who refused vaccine
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A federal judge last week declined to order the early release of an incarcerated man who was concerned about being infected with COVID-19, yet refused to get vaccinated. In an Aug. 14 order, U.S. District Court Chief Judge Philip A. Brimmer rejected the compassionate release request of Armando Rogelio Durete, who is serving a 10-year…
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10th Circuit reinstates malicious prosecution claim against ex-Denver DA employee
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For the second time in four years, the federal appeals court based in Colorado has reinstated a claim of malicious prosecution against a former employee of the Denver District Attorney’s Office whose allegedly false testimony caused the plaintiffs to be wrongfully arrested. Victoria Carbajal and Luis Leal first filed suit more than a decade ago,…
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Colorado’s federal judges slash motions backlog, with a little outside help
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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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Find the bias: Chief federal judge, lawyers talk about how to select a jury
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For lawyers participating in jury selection in federal court, the key is to identify biased jurors, while also remaining conversational, taking notes, and paying attention to basic details. “It is a very frequent occurrence that I’ve clarified how the juror pronounces his or her name and the attorney gets up there and butchers it because…
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Facing ejection from Colorado case, John Eastman withdraws as attorney
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Attorney John C. Eastman, who faces both professional discipline and criminal charges for his role in attempting to overturn the results of the 2020 presidential election, withdrew as an attorney from a Colorado case on Friday before a federal judge could terminate him from the litigation. Under the rules of Colorado’s U.S. District Court, an…
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The Bennet-Hickenlooper Court: How 2 senators left their mark on Colorado’s federal bench | COVER STORY
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One month before President-elect Joe Biden’s inauguration, Dana Remus, the incoming White House counsel, sent a letter to senators outlining the new administration’s philosophy for filling certain presidentially appointed roles, including federal trial judgeships. “With respect to U.S. District Court positions,” she wrote, “we are particularly focused on nominating individuals whose legal experiences have been…
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10th Circuit rejects conservative group’s challenge to ballot title transparency law
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The federal appeals court based in Denver rejected a conservative group’s challenge on Friday to a 2021 Colorado law that requires tax-cutting ballot initiatives to provide details to voters about affected services, even if the mandated information is inaccurate. Following the 1992 enactment of the Taxpayer’s Bill of Rights, ballot measures seeking to increase tax…
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10th Circuit rejects conservative group’s challenge to ballot title transparency law
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The federal appeals court based in Denver rejected a conservative group’s challenge on Friday to a 2021 Colorado law that requires tax-cutting ballot initiatives to provide details to voters about affected services, even if the mandated information is inaccurate. Following the 1992 enactment of the Taxpayer’s Bill of Rights, ballot measures seeking to increase tax…
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Federal judge dismisses negligence claim against hospital in death of Montezuma County jail detainee
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A hospital in Cortez cannot itself be liable for negligence in the death of a Montezuma County jail detainee, a federal judge ruled last month. Kelroy Newman arrived at the jail on July 17, 2021 with a blood alcohol concentration five times the legal limit, 0.421, and injuries to his head. Police took him to Southwest…