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Colorado
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December 09, 2024
DC Circ. Unsure It Should Wade Into FERC Grid Plan Fight
D.C. Circuit judges appeared reluctant on Monday to entertain the legality of the Federal Energy Regulatory Commission's 2023 rejection of a grid operator's plan to manage certain transmission project costs, given that the agency later approved related projects in May.
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December 09, 2024
Xcel Can't Hide Evidence In Marshall Fire Suit, Attys Say
Attorneys representing more than 4,000 individuals suing Xcel Energy over a 2021 Colorado wildfire demand the utility release thousands of documents regarding the location of a power line that allegedly caused an ignition, claiming the information is being improperly withheld despite how critical it is to the case.
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December 09, 2024
Colo. Litigants Can Use Open Records Law, Justices Rule
The Colorado Supreme Court on Monday decided that litigants suing government entities are entitled to use the state's public records law to obtain documents, siding with serial pro se public records attorney Matt Roane in his bid to obtain documents connected to his 2020 lawsuit against a county over alleged open meetings violations.
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December 09, 2024
Union Says Flight Attendant Withdrew Grievance, Can't Sue
A United Airlines flight attendant withdrew the grievance she filed after getting fired over a 2021 passenger confrontation regarding mask compliance, and thus gave up her shot to sue her union, the union told a Colorado federal court, seeking to dismiss the worker's fair representation allegations.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Would-Be Mike Bloomberg Killer Gets 22 Years For Kidnap
A Colorado man will spend 22 years in federal prison for kidnapping a housekeeper at Michael Bloomberg's Colorado ranch at gunpoint after entering the property intending to kill the businessman and three-term New York City mayor, federal prosecutors announced Thursday.
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December 06, 2024
Hospital Insists Colo. Justices Should Allow Lien Discovery
A Colorado hospital facing a class action alleging that it unlawfully filed liens against patients without first billing insurers told the state Supreme Court this week that a discovery order requiring a plaintiff to turn over information related to a car accident is directly relevant to whether class members actually suffered harm meriting a class action.
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
House Poised To Take Up JUDGES Act As Some Dems Balk
A bipartisan bill to create more federal judgeships to meet increasing caseloads is on the House's schedule for next week, but its support from some Democrats appears to be waning.
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December 06, 2024
Colo. Children's Hospital Fined $548K For Phishing Attacks
Children's Hospital Colorado was hit with a more than $548,000 fine over phishing and cyberattacks that violated patient privacy rules, according to the U.S. Department of Health and Human Services.
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December 06, 2024
Tech Firm Says Unpaid Expenses Suit Belongs In Arbitration
A customer experience technology company urged a Colorado federal court Friday to throw out a lawsuit from a remote worker who said the company required her to purchase high-speed internet and a computer but didn't reimburse her for these costs, saying the former employee signed a valid arbitration agreement.
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December 05, 2024
Rocket Mortgage Sues HUD, Hits Back At DOJ Race Bias Suit
Rocket Mortgage, the largest U.S. mortgage lender, has punched back against housing discrimination claims brought by the U.S. government, countersuing in Colorado federal court to challenge what it argues are "conflicting and irreconcilable" mandates at play.
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December 05, 2024
Colo. Sheriff Says County Worker Rights Law Can't Touch Him
A Colorado sheriff is suing the state to challenge application of a collective bargaining law to him, arguing in a complaint filed Wednesday in Denver District Court that applying the law to sheriffs interferes with their legal authority and independence.
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December 05, 2024
Sports Collectibles Exec Gets 51 Months For Investment Fraud
The owner of a Las Vegas sports memorabilia company was sentenced to four years and three months in prison Wednesday after pleading guilty to lying to investors as part of a fraud scheme that prosecutors said funded a lavish lifestyle.
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December 05, 2024
Basketball Fan's Race Bias Suit Tossed Over Delays
A Colorado federal judge on Wednesday dismissed without prejudice a basketball fan's lawsuit claiming employees of the Denver Nuggets racially profiled him during a game, finding it was the appropriate course after the man's lawyer repeatedly failed to follow through on the case.
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December 05, 2024
Colo. Panel Sides With Cannabis Atty In Former Client's Suit
The Colorado Court of Appeals ruled on Thursday that a cannabis attorney cannot be held liable for a former marijuana cultivator client's business failing when they violated land use rules because the attorney was no longer representing them at the time.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 04, 2024
Hemp Farmers Say Bid To Nix $200M Suit Is A Smoke Screen
Two Colorado hemp growers have urged a federal judge to keep alive their lawsuit alleging that a solar energy company's construction on nearby leased land caused more than $200 million in crop damage, arguing that contractors and subsidiaries involved in the construction don't have to be added to the suit.
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December 04, 2024
Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties
U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.
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December 04, 2024
Colo. Co.'s Alleged Kickback Scheme Ends In $2M Settlements
A Colorado neuromonitoring company, its founder and two others have agreed to pay more than $2 million to end a False Claims Act lawsuit alleging they participated in a kickback scheme to get surgeons to order neuromonitoring services covered by federal programs.
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December 04, 2024
Atlas Real Estate Biz Gets Initial OK On Data Breach Deal
A Colorado federal judge on Tuesday gave preliminary approval to a settlement between roughly 4,500 victims of a data breach and a real estate company that would see each proposed class member receive up to $5,000 in compensation.
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December 04, 2024
Colo. Judge Tosses Data Breach Suit Against Hospital Chain
A Colorado federal judge has dismissed a proposed data breach class action against hospital operator CommonSpirit Health, accepting a recommendation that found the lead plaintiff failed to allege any real injuries and therefore had no standing.
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December 03, 2024
Cheese Co. Can't Give Whey Trial The Slip, Nutrition Co. Says
A nutritional supplement company has asked a Connecticut federal judge to reject giving Colorado-based cheese giant Leprino Foods a summary win in a fight over a whey protein deal, arguing that the motivation behind Leprino's decision to abruptly cut off supply is a key factual dispute.
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December 03, 2024
Ex-Dish Marketing Leader Says She Suffered In A 'Boys' Club'
The former head of a Dish Network marketing division has accused the company of fostering a "boys' club" in management, alleging in Colorado federal court that she was fired for failing to report sexual harassment even though male employees were let off the hook for doing the same thing or worse.
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December 03, 2024
Sanctions Stick Against Colorado Gear Seller And Its Attys
A Washington appellate court has upheld about $500,000 in sanctions against an equipment manufacturer and its former counsel, Sinars Slowikowski Tomaska LLP, for failing to disclose information in a dispute over a rock climber's fall at a Seattle gym — including a defense attorney's 38 visits to the accident site.
Expert Analysis
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.