takings clause
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Federal judge dismisses developer’s challenge to Denver affordable housing ordinances
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A federal judge dismissed a homebuilder’s constitutional challenge on Tuesday to a pair of Denver ordinances that impose obligations on developers related to the affordable housing demands created by new construction. Two related companies, redT Homes and redT Capital Partners, sued the city last year over the fees they would incur to construct six homes…
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Federal judge partially allows challenge to proceed against Colorado unclaimed property program
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A federal judge allowed some claims to proceed last week against Colorado’s treasurer, based upon alleged constitutional violations flowing from the state’s process for reuniting people with their unclaimed property. Previously, U.S. District Court Judge Charlotte N. Sweeney dismissed the lawsuit by plaintiffs David Knellinger and Robert Storey, reasoning that they failed to sufficiently allege…
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10th Circuit confirms Colorado can be sued over EpiPen pricing law
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The Denver-based federal appeals court confirmed on Friday that Colorado may be sued for an allegedly unconstitutional 2023 law aimed at capping the price of EpiPens for certain consumers. House Bill 1002 sought to counter the rising prices of epinephrine auto-injectors, which can save the lives of people undergoing a severe allergic reaction. During the 2023 legislative session, lawmakers…
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10th Circuit opens door for class-action challenge to Colorado’s unclaimed property program
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The Denver-based federal appeals court reinstated constitutional rights claims on Friday against Colorado’s treasurer, potentially opening the door to a class-action lawsuit over how the state has set up its process for reuniting people with their unclaimed property. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled that two plaintiffs…
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Federal judge declines to block Colorado’s EpiPen affordability law, for now
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A federal judge on Wednesday declined to block a new Colorado law set to take effect on Jan. 1 that regulates the affordability of EpiPens, but, in the process, requires manufacturers to reimburse or resupply pharmacies with the devices in certain circumstances. While U.S. District Court Judge Daniel D. Domenico turned down the request for…
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Federal judge weighs constitutionality of new Colorado law regulating EpiPen pricing
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A federal judge on Monday heard arguments about whether a new Colorado law regulating the affordability of EpiPens and their generic equivalents should be partially blocked because it potentially violates the U.S. Constitution. In June, Gov. Jared Polis signed a Democratic-backed measure aimed at countering the rising prices of epinephrine auto-injectors, which can save the lives…
