judge terry fox
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Colorado cap on monetary damages not unconstitutional, appeals court rules
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Colorado’s second-highest court last month rejected an attempt to declare the state’s cap on certain monetary damages unconstitutional, noting it could not overturn prior federal and state Supreme Court decisions on the subject. An Arapahoe County jury awarded Jacqueline Gebert $2.7 million in damages after a Sears repairman incorrectly rewired her stove and caused her…
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Appeals court finds longer window applies for claiming violations under minimum wage law
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Resolving an issue that has generated disagreement among federal judges, Colorado’s second-highest court concluded that alleged violations of the state’s minimum wage law are subject to a six-year window for filing a claim and not the much shorter window that applies to other types of wage complaints. By 2-1, a three-judge panel of the Court…
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Colorado justices struggle with juror in Black defendant’s trial who ‘didn’t want diversity’
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Members of the Colorado Supreme Court this week struggled with the fate of a Black defendant’s convictions in an overwhelmingly White jurisdiction, after a trial judge refused to dismiss a juror who admitted he “didn’t want diversity.” Although the justices have previously addressed cases involving people of color who were removed from juries because of…
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Denver judge wrongly revoked jury trial in child neglect case, says appeals court
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A Denver judge acted improperly by canceling a jury trial that two parents had requested in their child neglect case, the state’s second-highest court ruled last month. Although three-judge panels of the Court of Appeals are not bound by each other’s decisions, an appellate panel on Oct. 19 agreed with their counterparts who concluded earlier…
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Colorado Supreme Court weighs propriety of financial penalties for job-switching lawyers
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When attorney Grant Bursek left his job for a different law firm, his old employer billed him $18,936 – meaning $1,052 for each of the 18 clients he took with him, pursuant to an agreement he signed months earlier. Now, in a first-of-its kind case, the Colorado Supreme Court is pondering whether law firms may charge…
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Colorado appeals court issues rulings on drug money, Pueblo councilman’s vandalism
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Colorado’s second-highest court on Thursday decided a pair of cases involving financial restitution to crime victims, finding defendants are not obligated to repay police departments for money used in drug purchases and also upholding a Pueblo council member’s duty to pay $3,800 for his vandalism. Under Colorado law, most convictions require judges to consider whether…
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Appeals court allows ex-Boulder council candidate’s defamation lawsuit to proceed against activist
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Colorado’s second-highest court more precisely defined the contours of defamatory online speech last week, allowing a former Boulder City Council candidate’s lawsuit to proceed against a political activist who created an impersonation Twitter account that linked to unflattering material about the candidate. At the same time, a three-judge panel of the Court of Appeals declined…
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Colorado law does not require title transfer to convey vehicles as gifts, appeals court rules
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For the first time, the state’s Court of Appeals has decided Colorado law does not require vehicle owners to transfer the title when gifting a car to another person in order for the exchange to be valid. “Whether parties have transferred ownership depends on the facts of a particular case,” wrote Judge Terry Fox in…
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Colorado appeals court clarifies meaning of ‘tips,’ ‘sales employee’ in wage theft case
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Recognizing the terms were not defined in state law, Colorado’s second-highest court last month clarified that “tips” and “gratuities” are payments voluntarily given by customers beyond the cost of a service, and that a worker whose job is to serve food and beverages is not a “sales employee.” The immediate consequence of the Court of…
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Colorado appeals court agrees CDOT worker showed agency retaliated against him
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Colorado’s second-highest court agreed last month that a Colorado Department of Transportation employee demonstrated his supervisors likely demoted him not for performance-related reasons, but because he spoke with a civil rights investigator about misconduct in the agency. Weeks after Marcus Maes shared his knowledge of multiple racist or hostile workplace incidents, his superiors elected to…