judge steve bernard

$3 million penalty upheld against for-profit college following half-decade of appeals

Dec 26, 2025

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Michael Karlik

Colorado’s second-highest court upheld a $3 million penalty against a defunct for-profit college on Wednesday, agreeing the state had proven multiple violations of its consumer protection law. The Court of Appeals’ decision against CollegeAmerica followed a trial judge’s order in 2020, an appellate decision in 2021, a state Supreme Court opinion in 2023 and a…
CDOT did not violate constitutional rights of outdoor advertising company, appeals court says

Dec 11, 2025

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Michael Karlik

Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere

Nov 19, 2025

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Michael Karlik

Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
Colorado Supreme Court clarifies requirements of child prostitution offense

Jun 26, 2025

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Michael Karlik

The Colorado Supreme Court waded into a split that developed in the state’s second-highest court, clarifying on Monday that prosecutors do not need to prove a defendant intended specifically for a child to be prostituted in order to secure a conviction. Under Colorado law, soliciting for child prostitution is an offense that requires someone to…
Denver judge made custody decision without notice to father, appeals court finds

Jun 9, 2025

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Michael Karlik

Colorado’s second-highest court overturned a Denver judge’s custody order on Thursday after finding the children’s father received no notice the judge actually intended to take testimony and make a decision at an advertised “status conference.” The grandmother of two children filed a custody petition in November 2023 after the death of her daughter — the children’s…
Colorado justices to hear cases on ‘borrowed’ allegations, policyholders’ failure to cooperate

Mar 14, 2025

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Michael Karlik

The Colorado Supreme Court announced on Monday that it will hear an appeal asking whether lawyers can incorporate allegations from other lawsuits into their own complaints without personally speaking with witnesses in the prior cases first. At least three of the court’s seven members must agree to hear a case on appeal. The justices will…
Colorado justices point to quirk in identity theft law, agree man’s conviction cannot stand

Jan 21, 2025

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Michael Karlik

The Colorado Supreme Court agreed on Tuesday that a man could not stand convicted of identity theft for using the “personal identifying information” of a nonprofit entity, rather than a human being. The state’s identity theft law applies to people who, without authorization, use the financial identifying information or personal identifying information “of another” to obtain something…
Colorado Supreme Court weighs meaning of ‘personal identifying information’

Oct 25, 2024

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Michael Karlik

Members of the Colorado Supreme Court pondered on Thursday whether “personal identifying information” under the state’s identity theft law only encompasses humans, or if businesses can have personal identifying information, too. The government argued legislators enacted the identity theft law in 2006 to deter fraudulent conduct, and the meaning of personal identifying information should be…
Colorado Supreme Court finds Aurora police committed no Miranda violation when interrogating suspect

Sep 10, 2024

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Michael Karlik

Aurora police did not need to provide a Miranda warning to a road rage suspect before interrogating him outside his apartment building in an accusatory manner, the Colorado Supreme Court ruled on Monday. Under the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, law enforcement must inform suspects of their constitutional rights to remain silent…
Appeals court clarifies attorneys may ‘borrow’ allegations from other litigation when filing suit

Aug 23, 2024

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Michael Karlik

Colorado’s second-highest court on Thursday made it easier for plaintiffs to bolster their civil claims, concluding attorneys are not forbidden from using allegations in other litigation in their own complaints. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to the best of their “knowledge, information, and…