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Appeals court invokes ‘drastic’ sanction, throws out multimillion-dollar claim in RTD rail construction project
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Colorado’s second-highest court on Thursday determined the $5.7 million a trial judge awarded a subcontractor for its work on the Regional Transportation District’s commuter rail expansion is invalid because the company initially sought more than two times that amount without any basis for doing so. A three-judge panel for the Court of Appeals interpreted for…
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Colorado Supreme Court to hear cases on Weld County redistricting, Xcel electrocution
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The Colorado Supreme Court announced recently that it will hear appeals in multiple cases, including whether Weld County must follow state law when drawing new legislative districts and when utilities may be held liable for injuries caused by their power lines. At least three of the court’s seven members must agree to take up a…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
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The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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COVID-19 an ‘occupational disease’ triggering workers’ comp benefits, appeals court rules
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Colorado’s second-highest court ruled for the first time on Thursday that COVID-19 is an “occupational disease” that entitled the widow of a deceased nursing home employee to workers’ compensation benefits. Vincent Gaines was a floor technician at the University Park Care Center in Pueblo County, operated by Life Care Centers of America. Although there was no evidence…
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Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
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The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: ? Can a defendant’s plea agreement relinquish…
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Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
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The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: • Can a defendant’s plea agreement relinquish…
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Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
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The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: • Can a defendant’s plea agreement relinquish…
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Appeals court warns against questioning service animals’ status based on ‘suspicions’
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Colorado’s second-highest court on Thursday warned that public entities may not ask a disabled person to provide more information about their service animal than what federal regulations allow, regardless of whether they harbor “legitimate suspicions” about the animal’s status. A three-judge panel for the Court of Appeals determined it was a “close call” whether Dustin…
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…