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November 27, 2023
Zuckerberg Rejected Mental Health Filter Policy, States Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
Settlements Bar New Wrongful Death Suits, Colo. Panel Rules
A Colorado appellate panel recently ruled that a man's settlement with a driver who killed his daughter prevents him from bringing another lawsuit against a city and a Xcel Energy subsidiary over the accident, determining for the first time how such deals affect the so-called "one civil action" limit on wrongful death cases.
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November 27, 2023
Judge Chides Oil Plaintiffs For 'Procedural Gymnastics'
A Colorado federal judge has again knocked down a proposed royalty class action against a Chevron unit and Kerr-McGee, ruling that leaseholders' decision to engage in "procedural gymnastics" instead of filing an appeal was a problem of their own making.
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November 27, 2023
UW Says Ruling On Pac-12 Control Harms Student-Athletes
If Washington State and Oregon State universities gain full control of the Pacific-12 Conference now, "clear and undisputed" harms will befall student-athletes at the University of Washington and nine other schools that are leaving the conference next year, UW has told the Evergreen State's high court.
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November 27, 2023
Colo. Atty Suspended For Using 'Sham' ChatGPT Case Law
A Colorado attorney has been temporarily suspended after he used "sham" case law citations produced by the artificial intelligence platform ChatGPT in a motion and lied to a judge that an intern produced the errors, according to a state disciplinary ruling.
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November 27, 2023
Dish Network Can't Ax Majority Of 401(k) Mismanagement Suit
A Colorado federal judge backed a magistrate judge's call to mostly deny Dish Network's bid to dismiss a lawsuit brought by former employees alleging the company hurt their retirement savings by failing to nix underperforming investments from its plan.
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November 22, 2023
FCC Paperwork Woes Lead To Big Fines For Small Towns
Small local governments are facing tougher enforcement and fines by the Federal Communications Commission if they don't renew broadcast licenses on time for TV stations serving remote areas, with communities' taxpayers paying the tab.
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November 22, 2023
DaVita Faces New Wage Suit Over Meal, Rest Breaks
Kidney care giant DaVita Inc. is facing a new proposed collective action in Colorado federal court from hourly nurses and technicians who allege they were denied wages as a result of work performed during unpaid meal and rest breaks, this time encompassing workers in states not included in the conditional class certification in a similar case.
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November 22, 2023
Archdiocese Says Other Ruling Backs Its Pre-K Funding Suit
The Roman Catholic Archdiocese of Denver and two of its parish preschools have urged a Colorado federal judge to free them from gender nondiscrimination requirements for preschools receiving state funding, citing another court's order temporarily barring the state from cutting off a Christian school from the program.
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November 22, 2023
1st Circ. Rejects Challenge To Trump's 2024 Eligibility
The First Circuit affirmed a district court's ruling tossing a suit seeking to keep Donald Trump off the 2024 New Hampshire Republican presidential primary ballot due to his role in the Jan. 6 riots at the Capitol, saying the plaintiff had not shown he'd suffered an injury.
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November 22, 2023
10th Circ. Reinstates In-Patient Mental Health Coverage Suit
The Tenth Circuit partially reopened a suit from a health plan participant accusing his insurer of wrongly yanking coverage for his daughter's in-patient care, saying he adequately made a case that the insurer unlawfully administered mental health treatment differently from medical and surgical care.
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November 21, 2023
Panel Probes 'Common Sense' In Doctor's Insemination Case
Colorado appellate judges on Tuesday examined the significance of a trial court's conclusion that it was "common sense" that a doctor who inseminated patients with his own sperm violated standards of care, asking how the trial court's summary judgment decision on one claim affected the rest of the case.
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November 21, 2023
Colo. Panel Questions Class Cert. Denial In Delivery Driver Suit
A Colorado state appellate panel on Tuesday pressed a Papa John's pizza franchise to explain why a trial judge hadn't jumped the gun by denying delivery drivers class certification based on their legal theory, with one judge noting that courts shouldn't decide legal issues that soon unless they involve class commonality.
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November 21, 2023
Colorado Justices Take Up Trump Ballot Ban Case
The Colorado Supreme Court on Tuesday agreed to hear dueling appeals of a Denver judge's ruling that ordered former President Donald Trump placed on the state's primary ballot, with justices setting an expedited schedule to hear the case, which could ultimately end up before the nation's highest court.
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November 21, 2023
Eye Drop Users Can't Turn FDA Warning Into Injury, Co. Says
The maker of homeopathic eye drops is urging a Colorado federal court to throw out a lawsuit from an individual who the company said got "exactly what he paid for" when buying a red-eye relief product.
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November 21, 2023
Colo. Tax Measure Title Law Should Stand, Court Told
A Colorado law mandating disclosure of the potential impact on funding for state programs from tax changes in ballot measures does not regulate private speech or violate the First Amendment, Colorado's secretary of state told a federal court.
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November 21, 2023
Athletes Deserve Share Of NCAA's TV Revenue, Suit Says
A former college running back has filed a proposed class action against the NCAA in Colorado federal court saying student athletes deserve a share of the "ever-increasing" revenue generated from television deals.
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November 21, 2023
Approach The Bench: Judge Villaseñor On Midtrial Jury Talks
Colorado state Judge Juan Villaseñor had been on the bench for only about a year when an attorney in a medical malpractice trial he was presiding over asked him to restrict when the jury could discuss the case.
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November 21, 2023
2 Real Estate Attorneys Join Moye White In Denver
Two attorneys with deep experience in real estate and construction law are now partners in Moye White's Denver office, the firm said.
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November 20, 2023
No Universal Rule For Colo. Oil And Gas Leases, Justices Say
The Colorado Supreme Court on Monday rejected an appellate court's attempt to universalize a rule defining "production" for all oil and gas leases in the state, concluding that courts should look instead at how the word is used in the context of specific lease agreements to define the term.
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November 20, 2023
Colo. Says 11th Amendment Shields It From Teva EpiPen Suit
Colorado has asked a federal court to toss Teva Pharmaceuticals' lawsuit alleging the state's EpiPen affordability program violates the U.S. Constitution's takings clause, arguing the 11th Amendment shields the state attorney general from such complaints.
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November 20, 2023
Colo. Justices To Hear Landlord's Meth Lab Evidence Fight
The Colorado Supreme Court agreed on Monday to consider a landlord's appeal of sanctions over its alleged spoliation of evidence of a meth lab, with the landlord urging justices to adopt a clear standard for when a party's pre-litigation duty to preserve evidence is triggered.
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November 20, 2023
Apple Affiliate Seeks Revision Of Final Judgment In Wage Row
An Apple-affiliated repair company has asked a North Carolina federal court to reconsider its October final judgment order finding that several of the company's partner entities were liable for hundreds of thousands of dollars in damages in a multistate wage class action, saying the order omitted crucial information.
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November 20, 2023
Colorado Cuts 2023 Residential Property Tax Rate
Colorado will temporarily reduce its residential tax assessment rate for one year to offset rising property values under legislation signed Monday by Democratic Gov. Jared Polis, following passage by the state General Assembly.
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November 20, 2023
Antero Claims Ex-Employee Hid Assets To Dodge Judgment
A Colorado natural gas company wants a Texas federal court to claw back millions of dollars' worth of property it claims a former senior employee moved offshore to avoid paying an over $12 million judgment for taking bribes, according to a lawsuit filed by the company.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.
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What To Expect After Colo. Nixes Special Standing Rules
Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.