pandemic
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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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Jury to hear ex-La Plata County jail nurse’s retaliation case under new Colorado whistleblower law
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A jury will decide whether a former nurse in the La Plata County jail experienced retaliation and discrimination under a Colorado law enacted early in the COVID-19 pandemic to protect whistleblowers who raise public health concerns in the workplace. Last month, U.S. District Court Senior Judge Lewis T. Babcock acknowledged no other courts had yet…
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10th Circuit throws out challenge to military’s now-rescinded COVID vaccine mandate
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The federal appeals court based in Denver dismissed an attempt by two ex-military personnel to halt the U.S. Department of Defense’s COVID-19 vaccination requirement, recognizing on Thursday that the government had already rescinded the mandate and there was nothing for the court to block. A three-judge panel of the U.S. Court of Appeals for the…
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CSU may be sued for refunds following COVID-19 campus closure, appeals court rules
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Colorado’s second-highest court ruled last week that a class action lawsuit against Colorado State University may proceed, based on allegations the institution unjustly enriched itself by suspending in-person activities at the outset of the COVID-19 pandemic without refunding tuition or student fees. A three-judge panel for the Court of Appeals agreed, by 2-1, it was…
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Riverbeds, virtual court, sex abuse and more: The Colorado Supreme Court’s biggest decisions of 2022-23 | COVER STORY
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The Colorado Supreme Court this week wrapped up its calendar of oral arguments and weekly releases of decisions until the fall, leaving behind a roster of major rulings and edicts affecting the administration of justice. Chief Justice Brian D. Boatright said at a lawyers-and-judges conference in May that during the past year, the state’s highest court…
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Colorado Supreme Court releases official guidance for virtual proceedings, giving judges wide discretion
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The Colorado Supreme Court on Tuesday released its official guidance for when trial judges should permit litigants, victims, witnesses and attorneys to attend proceedings virtually. However, some members of the legal community warned that judges will continue to have too much discretion to allow or disallow remote participation. The policy, known as a chief justice…
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Colorado Supreme Court rules commercial property owners not entitled to 2020 tax relief due to pandemic
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In four separate cases encompassing hundreds of commercial property owners, the Colorado Supreme Court on Tuesday ruled the COVID-19 pandemic and accompanying public health restrictions on businesses did not entitle the owners to a lower property tax bill for 2020. Eleven lawsuits across Colorado challenged the decisions of county assessors who declined to re-value commercial…
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Colorado’s lost lessons from Spanish flu revisited as COVID-19 pandemic turns 3 years old
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As Colorado marks another COVID-19 anniversary, the takeaway for historians and epidemiologists is as simple as it is jarring: Americans haven’t learned the lessons from history. Three years ago Sunday, Colorado reported its first COVID-19 case – a 30-something male skier who had traveled to Italy. Eight days later, on March 13, an El Paso…
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State Supreme Court takes unusual step of soliciting public comment for virtual hearings policies
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In an atypical move not afforded to most judicial policymaking, the Colorado Supreme Court has invited the public to comment on a pair of proposals that aim to preserve access to live streamed court proceedings across the state and lay down uniform guidance for virtual hearings. The policies, known as chief justice directives, reflect the…
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Colorado justices to consider financial penalties on lawyers, notice for evictions under COVID rules
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The Colorado Supreme Court announced on Monday that it will hear an appeal implicating the ability of law firms to financially penalize their attorneys for leaving for another job and taking clients with them. The justices also signaled they will decide whether a federal law enacted during the early COVID-19 pandemic still requires certain landlords…
