Author: Michael Karlik
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Colorado Supreme Court’s opinion output drops by two-thirds amid justice’s absence
The Colorado Supreme Court has released significantly fewer new opinions in recent months compared to the previous two years, even as the judicial branch insisted that a member’s open-ended absence is not causing delays. Justice Melissa Hart has been on an unusual leave of absence since Oct. 28, although she also was gone for the…
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Divided 10th Circuit rules bank customer must arbitrate discrimination-related claims
The Denver-based federal appeals court ruled on Monday that a mandatory arbitration clause in the fine print of a customer’s bank account agreement prohibited her from pursuing claims of racial discrimination in court. Jeanetta Vaughn filed suit against JPMorgan Chase after the manager of its South Buckley Road branch in Aurora called the police on…
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Colorado’s federal trial court denies admission to lawyer owing tens of thousands in dues, penalties
Colorado’s U.S. District Court declined last month to allow an attorney to practice before the court due to his failure to pay enrollment fees and penalties to another state’s bar association for years. The federal trial court requires attorneys to remain in “good standing” wherever they practice and to notify the court if that is…
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Federal judge rejects Tina Peters’ request for release pending appeal
A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…
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Colorado justices lay down framework for analyzing defamation lawsuits involving ‘public interest’ issues
The Colorado Supreme Court clarified on Monday how judges should evaluate whether lawsuits arising from a person’s speech — in particular, online consumer reviews — are connected to an “issue of public interest” and merit protection from legal liability. As part of the framework, the justices concluded a person’s motive in speaking is irrelevant to…
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Federal judge rejects DPS’ attempt to obtain 9News sourcing documents in First Amendment case
A federal judge rejected Denver Public Schools’ attempt on Monday to obtain documents from 9News related to its interview with a former principal who alleges his termination amounted to a constitutional violation. At the same time, the attorney for plaintiff Kurt Dennis admitted that Dennis did, in fact, provide documents to the outlet showing a…
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Federal judge recommends sanctions on plaintiffs for faulty case citations
A federal judge recommended that a pair of self-represented plaintiffs be subject to a range of sanctions for including flawed and non-existent case citations in their filings, potentially by using artificial intelligence. “A federal court is not a workshop for fictional writing. It is a forum that exists to uphold the law, administer justice, and…
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Colorado Supreme Court to examine whether corporations can be liable for ‘felonious killing’
The Colorado Supreme Court recently announced that it will determine whether corporations can be liable for a “felonious killing,” meaning there is no limit to the damages they might pay for pain and suffering after causing a wrongful death. At least three of the court’s seven members must agree to take a case on appeal.…
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Panel member ejected from one judge’s discipline case, as second judge challenges protocols in his proceeding
One member of a panel adjudicating the misconduct allegations against a county court judge has been replaced due to her alleged non-responsiveness, at the same time a different county court judge is objecting to the intended protocols in his own disciplinary case. Following voters’ passage of constitutional Amendment H in November 2024, adjudication of serious…
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Colorado justices ponder scope of law curbing insurers’ ability to allege failure to cooperate
Members of the Colorado Supreme Court pondered a question last week that could have sweeping ramifications for those making insurance claims: When the legislature required insurance companies to take certain steps before accusing policyholders of failing to cooperate in an investigation, do those protections apply to every request an insurer might make? Leading up to…