Tag: Justice Carlos Samour
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Colorado Supreme Court ponders when negative online reviews are insulated from lawsuits
Facebook Twitter WhatsApp SMS Email Print Copy article link Save Members of the Colorado Supreme Court considered last week whether a person’s vindictive motivations in posting a negative online review can nevertheless relate to a matter of public interest, and potentially shield the commentary from a defamation lawsuit. For the first time, the state’s highest…
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Colorado justices weigh calculation of damages to victims of medical malpractice
Facebook Twitter WhatsApp SMS Email Print Copy article link Save Members of the Colorado Supreme Court considered on Tuesday whether a decades-old limitation on medical malpractice awards also creates an absolute restriction on the interest that injured plaintiffs can receive when they prevail at trial. The question affects the balance between fairly compensating people who…
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Colorado justices mull lawsuit over fossil fuel producers’ liability for alleged local climate change harms
Facebook Twitter WhatsApp SMS Email Print Copy article link Save Members of the Colorado Supreme Court considered on Tuesday whether to permit Boulder County and the city of Boulder to seek damages against two oil and gas producers for the harms they allegedly caused over multiple decades by concealing and misrepresenting the dangers of climate…
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Colorado Supreme Court retracts decision recognizing right to jury trial in eviction cases
The Colorado Supreme Court took the extraordinary step on Monday of retracting its two-month-old decision recognizing tenants have the right to a jury trial in certain eviction disputes. In a three-page, unsigned order, the Supreme Court explained its prior opinion “rested on a factual premise that the Court has now been advised was inaccurate.” Rather…
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Colorado Supreme Court allows certain negligence claims for ski lift injuries, regardless of waiver
Facebook Twitter WhatsApp SMS Email Print Copy article link Save The Colorado Supreme Court on Monday decided an Oklahoma man and his daughter could pursue a negligence claim against Vail Resorts for a debilitating ski lift injury, notwithstanding the waiver they signed assuming “all risks.” The ruling implicated competing policy concerns for the multibillion-dollar ski industry and…
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Colorado Supreme Court explores limits of ‘Make My Day’ defense
Facebook Twitter WhatsApp SMS Email Print Copy article link Save There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta.…
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Downstairs meth lab case has Colorado justices evaluating duty to preserve evidence
Facebook Twitter WhatsApp SMS Email Print Copy article link Save When an Arapahoe County judge awarded a woman and her daughter $10.5 million for their injuries, finding their landlord had not reasonably responded to allegations of toxic exposure from a downstairs meth lab, he also concluded the landlord willfully failed to preserve evidence. Last week,…
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‘Something about that is wrong’: Colorado justices weigh ski resort immunity for child’s debilitating fall
In a case that attracted the interest of Colorado’s outdoor recreation industry, the state Supreme Court considered on Tuesday whether parents may waive their children’s right to sue for debilitating injuries that are allegedly the fault of a negligent ski resort operator. Annalea “Annie” Miller was 16 years old when she fell 30 feet from…
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At SCOTUS, Colorado’s Justice Carlos Samour looms in Trump ballot disqualification arguments
Facebook Twitter WhatsApp SMS Email Print Copy article link Save During Thursday’s oral arguments before the nation’s highest court about Donald Trump’s constitutional eligibility to remain on the ballot, the justices explicitly and indirectly channeled the member of Colorado’s Supreme Court who wrote the most impassioned critique of the legal effort to disqualify Trump. Justice…
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Colorado Republicans call case against Trump ‘unreal,’ Democrats say SCOTUS should bar ‘insurrectionist’
Republicans and Democrats in Colorado expectedly hewed along partisan lines following Thursday’s oral arguments before the U.S. Supreme Court, which is weighing whether former president Donald Trump should be disqualified from the state ballot for allegedly engaging in an “insurrection” that culminated in the Jan. 6 attack on Congress. “It would be a…