judge w. eric kuhn
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Colorado Supreme Court, 4-3, makes it easier for late-filed home insurance claims to proceed
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The Colorado Supreme Court made it easier on Monday for homeowners to file damage claims with their insurance companies outside the deadline in their policies. By 4-3, the justices applied a rule they had previously extended to limited circumstances requiring insurers to show their ability to investigate and defend against a homeowner claim is harmed…
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Appeals court clarifies when ‘imminent danger’ applies in prisoner lawsuits
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Colorado’s second-highest court addressed for the first time earlier this month how judges should determine if an incarcerated plaintiff has shown he is in “imminent danger,” which would allow him to proceed with his lawsuit without paying the upfront fees typically required. Under state law, prisoners are not prohibited from pursuing civil lawsuits if they…
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‘Why are we here?’ Colorado justices skeptical of state’s push to uphold woman’s conviction
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Members of the Colorado Supreme Court on Tuesday struggled to understand why prosecutors remained opposed to overturning a woman’s trespassing conviction, even as both sides agreed the conviction would not stand under current law. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense following acquittal, but also from…
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COVID-19 pandemic justified police not offering DUI breath tests, appeals court rules
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Colorado’s second-highest court on Thursday agreed that a police department’s decision not to offer suspected drunk drivers the choice of a breath test at the outset of the COVID-19 pandemic did not violate state law. Although it was not the first Court of Appeals ruling to address the issue, it was the first to set…
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Appeals court rejects Safeway’s attempt to deny workers’ comp to 82-year-old employee
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Colorado’s second-highest court last month rejected Safeway’s attempt to deny workers’ compensation benefits to an 82-year-old employee who injured herself while trying to stop a shoplifter. While she was cleaning the entryway of a store, Janice Sewald observed a customer leaving without paying and she reached for his cart. She was pulled to the floor…
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Child neglect rulings in 3 cases reversed by Colorado appeals court
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Colorado’s second-highest court on Thursday determined judges in Montrose and Mesa counties improperly ruled against parents in child welfare cases, with one judge being the subject of two reversals. Weeks earlier, Montrose County District Court Judge D. Cory Jackson was reversed a third time by the Court of Appeals because he denied a woman’s request for…
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Colorado appeals court reiterates fake police personas can be ‘victims’
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Fake police personas, used to catch people who lure children over the Internet, count as “victims” and can trigger the requirement to register as a sex offender for life, Colorado’s second-highest court ruled last week. A three-judge panel for the Court of Appeals declined to part ways with a 14-year-old decision that found the absence…
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Jury to decide whether Centura improperly fired doctor who supported aid-in-dying, appeals court rules
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Colorado’s second-highest court ruled on Thursday that a jury will decide whether Centura Health Corp. fired a physician for violating its policy against aid-in-dying, as Centura claims, or for events outside of her work, as the doctor claims. Barbara Morris’ lawsuit against her former employer attracted significant attention from Christian organizations, which argued that faith-based healthcare…
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Colorado appeals court revives Jeffco special district’s lawsuit against Jeffco special district
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Colorado’s second-highest court on Thursday reinstated a lawsuit between two Lakewood-area special districts and a handful of developers, concluding a Jefferson County judge wrongly ended the high-stakes litigation when he found the terms of a wastewater contract were unenforceable. With over $100 million in damages on the line, a three-judge panel for the Court of…
