Colorado

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    SEC Wins Extended Asset Freeze Against Biotech Co.

    A Colorado federal judge on Friday granted the U.S. Securities and Exchange Commission's request to make permanent a restraining order freezing a biotech company's assets while the case proceeds, finding that the regulator is likely to prevail in the suit.

  • March 29, 2024

    Allergan Scoffs At Sandoz Bid To Undo $39M Patent Loss

    Allergan told the Federal Circuit to reject Sandoz's fight over a $39 million verdict against it for infringing an Allergan eyelash growth drug patent, saying Sandoz's reliance on a 2014 decision involving the same drug misses the decision's central point.

  • March 29, 2024

    Judge Won't Stop Immigration Fee Hikes From Taking Effect

    A Colorado federal judge refused Friday to temporarily halt upcoming immigration fee hikes, saying the $5,775 increase the EB-5 investor will pay is a drop in the bucket compared to the plaintiff's $500,000 capital investment.

  • March 29, 2024

    10th Circ. Says Insurance Payout Deal In Jet Sale Is Invalid

    An aircraft seller does not owe a purchaser $500,000 in insurance proceeds intended to cover repairs to the aircraft's permanent engines and the installation of temporary engines, the Tenth Circuit affirmed, saying an agreement to pay the proceeds was invalid because of a mutual mistake of fact.

  • March 29, 2024

    Dominion Wants County Sanctioned In Voting Machine Row

    Dominion Voting Systems Inc. wants a Pennsylvania county to pay its legal bills over allegedly rehashed claims that its voting machines had security issues in violation of the county's contract, since a federal court had already tossed those claims.

  • March 29, 2024

    Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal

    In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.

  • March 28, 2024

    10th Circ. Vacates Netflix Fee Award In 'Tiger King' IP Row

    The Tenth Circuit on Thursday vacated an attorney fee award for Netflix in a copyright suit brought by a zoo employee whose footage was used in the show "Tiger King," just one day after the circuit court widely upheld the streaming giant's summary judgment win.

  • March 28, 2024

    University May Have Pried Too Deeply About Vet's Service Dog

    A Colorado state appeals court on Thursday rejected a university's argument that it could ask for additional documentation and details regarding a veteran's disability and his dog's training when it had "legitimate suspicions" about his dog not being a service animal, with the panel finding that argument outdated and inconsistent with Americans with Disabilities Act nondiscrimination regulations.

  • March 28, 2024

    Colo. Can Fine Conservative Org. For Keeping Donors Secret

    Colorado Secretary of State Jena Griswold had the authority to fine a conservative political group $40,000 for failing to disclose its donors after spending millions on state ballot questions in 2020, a state appellate panel decided Thursday, rejecting the group's First Amendment challenges.

  • March 28, 2024

    Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit

    A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.

  • March 28, 2024

    Honorary Consuls Can't Get Special Plates, Colo. DMV Says

    Colorado Department of Motor Vehicles officials have urged a state judge to toss a lawsuit challenging its decision to revoke tax- and fee-free license plates for honorary consuls, arguing in a motion the three officers who brought the suit aren't protected by state law.

  • March 27, 2024

    Justices Poised To Expand Repeat Offenders' Jury Trial Rights

    The U.S. Supreme Court appeared likely Wednesday to agree with the Biden administration and the criminal defense bar that repeat offenders have a constitutional right to let a jury decide if past offenses were sufficiently distinct to trigger lengthy prison terms under a prominent sentencing enhancement.

  • March 27, 2024

    Citing Warhol, 10th Circ. Undoes Netflix's 'Tiger King' Win

    The Tenth Circuit on Wednesday relied on last year's landmark U.S. Supreme Court ruling in the Warhol case to set aside a fair use win for Netflix Inc. in a copyright suit brought by a former zoo employee who livestreamed the funeral of the husband of "Tiger King" star Joe Exotic.

  • March 27, 2024

    Colo. Judge Unplugs Vague EV-Maker Investor Suit

    A Colorado federal judge has dismissed a shareholder suit against commercial electric vehicle company Lightning eMotors, agreeing with a magistrate judge's conclusion that the shareholders failed to bring specific allegations that the company knowingly misled investors on matters like its production capacity.

  • March 27, 2024

    Judge Won't Sift Through IP Docs For Oil Co.'s Counterclaims

    A Colorado federal judge said it's "patently unreasonable" to expect her to comb through hundreds of pages to find support for an oil and gas equipment maker's patent invalidity allegations, as she dismissed three of the company's counterclaims. 

  • March 27, 2024

    10th Circ. Orders Atty Fee Redo In Excessive Force Settlement

    A Tenth Circuit panel has ruled that attorney fees prisoners can recover are not capped by federal law, saying that a Kansas prisoner should have gotten more money in his excessive force settlement with the state's highway patrol.

  • March 27, 2024

    Ex-GC With Lockheed Martin Space Joins Sherman & Howard

    A former general counsel and longtime attorney at Lockheed Martin has joined Sherman & Howard LLC as co-leader of the aerospace industry group, the law firm said Wednesday.

  • March 27, 2024

    NCAA President Calls For Nationwide Ban On Prop Bets

    NCAA President Charlie Baker on Wednesday called for all states to ban prop bets on college sports, pointing to reports of harassment of college and pro athletes over such bets, and saying he aims to "protect student-athletes and to protect the integrity of the game."

  • March 26, 2024

    'Landmark' Trans Women Prison Housing Deal Gets Final OK

    A Colorado state judge on Tuesday approved a consent decree between the state and a class of transgender women who sued over dangerous housing conditions in state prisons and now hope the plan to accommodate their needs will spread to other states.

  • March 26, 2024

    Web Designer To Get Atty Fees After High Court Win

    A federal judge on Tuesday said a Christian website designer and her company are entitled to attorney fees and costs after the U.S. Supreme Court ruled last year that Colorado can't force her to create wedding websites for same-sex couples.

  • March 26, 2024

    Oil Cos. Say Partner Kept Them In The Dark On New Facilities

    A group of Colorado oil and gas companies have accused a Texas energy company they partnered with of secretly building and running pipelines and other infrastructure to support North Dakota oil and gas wells, cutting the Colorado companies out of their share. 

  • March 26, 2024

    Ski Resort Corp. Says Sheep Used As Pretext To Ruin Project

    Ski resort corporation The Vail Corp. told the Colorado Court of Appeals Monday to revive its workforce housing project after the town of Vail allegedly gave into local opposition against the project and used a local bighorn sheep herd as pretext to condemn the 23.3 acres of land that the ski resort corporation planned to use for the project.

  • March 26, 2024

    Jurisdiction Snafu Sinks US Bank Exec's Second Firing Suit

    A former U.S. Bank managing director has lost a second lawsuit challenging his firing, after a Colorado federal judge on Tuesday ruled that the executive is precluded from bringing a wrongful termination claim after a procedural misstep in the first case.

  • March 25, 2024

    Lender Groups Sue Over Colorado's Rate 'Opt-Out' Law

    A coalition of lender trade groups filed suit Monday to block Colorado officials from enforcing a new, impending law to rein in high-cost online lending by out-of-state banks, alleging it violates federal law and risks harming Colorado borrowers instead of helping them.

Expert Analysis

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Regulating AI: Litigation Questions And State Efforts To Watch

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    In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • High Court's Tribal Water Rights Ruling Steadies The Boat

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    The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Colo. Eviction Case Could Transform Tenant Rights

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    The Colorado Supreme Court recently granted certiorari in a case that could open the door for tenants to assert allegations of discrimination and retaliation during eviction proceedings, and dramatically prolong the state's process, says Jacob Hollars at Spencer Fane.

  • Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert

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    Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.

  • High Court Ruling Boosts New York Times v. Sullivan Vitality

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    The U.S. Supreme Court's recent decision in Counterman v. Colorado, that the First Amendment requires a recklessness standard for true threats prosecutions, shows that an outright overruling of New York Times v. Sullivan is now unlikely despite prior dissenting opinions urging the court to revisit its actual malice standard, say attorneys at Davis Wright.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

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