Tag: judge steve bernard
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Colorado justices confirm lawyers may ‘borrow’ allegations from elsewhere
The Colorado Supreme Court ruled on Monday that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to…
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$3 million penalty upheld against for-profit college following half-decade of appeals
Colorado’s second-highest court upheld a $3 million penalty against a defunct for-profit college on Wednesday, agreeing the state had proven multiple violations of its consumer protection law. The Court of Appeals’ decision against CollegeAmerica followed a trial judge’s order in 2020, an appellate decision in 2021, a state Supreme Court opinion in 2023 and a…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
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Colorado justices point to quirk in identity theft law, agree man’s conviction cannot stand
The Colorado Supreme Court agreed on Tuesday that a man could not stand convicted of identity theft for using the “personal identifying information” of a nonprofit entity, rather than a human being. The state’s identity theft law applies to people who, without authorization, use the financial identifying information or personal identifying information “of another” to obtain something…
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Colorado Supreme Court weighs meaning of ‘personal identifying information’
Members of the Colorado Supreme Court pondered on Thursday whether “personal identifying information” under the state’s identity theft law only encompasses humans, or if businesses can have personal identifying information, too. The government argued legislators enacted the identity theft law in 2006 to deter fraudulent conduct, and the meaning of personal identifying information should be…
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Colorado Supreme Court finds Aurora police committed no Miranda violation when interrogating suspect
Aurora police did not need to provide a Miranda warning to a road rage suspect before interrogating him outside his apartment building in an accusatory manner, the Colorado Supreme Court ruled on Monday. Under the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, law enforcement must inform suspects of their constitutional rights to remain silent…
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Appeals court clarifies attorneys may ‘borrow’ allegations from other litigation when filing suit
Colorado’s second-highest court on Thursday made it easier for plaintiffs to bolster their civil claims, concluding attorneys are not forbidden from using allegations in other litigation in their own complaints. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to the best of their “knowledge, information, and…
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Divided appeals court takes no issue with lack of child welfare services to incarcerated father
Colorado’s second-highest court ruled on Thursday that even if a child welfare caseworker could have rehabilitated a father by facilitating visitation time and drug treatment while he was incarcerated, the lack of services was excusable because the man likely would not have taken advantage of them anyway. By 2-1, a three-judge panel of the Court…
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Colorado justices skeptical Aurora officer committed Miranda violation on road rage suspect
Members of the Colorado Supreme Court appeared skeptical last week that a road rage suspect was “in custody” at the time an Aurora police officer interrogated him, as the state’s second-highest court believed was the case. Under the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, police must inform a suspect of their rights to…