Author: Michael Karlik
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Federal judge believes government would follow her orders on immigration detention ‘under normal circumstances’
A federal judge agreed on Thursday that she would allow a class of approximately 500 people in Colorado’s immigration detention to challenge the government’s refusal to set their bond, which she already found to be a likely violation of the law. At the same time, U.S. District Court Judge Regina M. Rodriguez said she was…
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Federal judge fines lawyer $3,000 for ‘reckless’ filings with incorrect info
Judge suspects use of generative artificial intelligence; attorney denies using AI A federal judge took the unusual step last week of fining an attorney $3,000 for submitting flawed case citations, being evasive when her opposing counsel raised concerns and relying on cases that did not support her argument. U.S. District Court Judge Nina Y. Wang…
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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 skeptical that Colorado Springs is immune to crash caused by faulty signal
Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. Construction was occurring at the intersection of South Tejon Street and…
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Colorado justices address conflict between anti-SLAPP law, state constitution
Colorado lawmakers in 2019 created a mechanism to quickly dispose of lawsuits over conduct that implicates a person’s First Amendment rights, specifically the rights to free speech and to petition the government. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided that when a judge rules on a motion…
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Colorado justices weigh disclosure requirements for ballot initiative spending
Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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Justice Melissa Hart missing for third week as judiciary defends Colorado Supreme Court’s functioning
Justice Melissa Hart missed a third straight week of case considerations as of Monday, with the Colorado Supreme Court indicating she again did not participate in the court’s weekly decision-making about whether to accept or reject pending appeals. The Colorado Judicial Department told Colorado Politics last week that Hart has been on a leave of…
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Colorado Supreme Court signals intervention in 4 ongoing cases
The Colorado Supreme Court recently signaled that it may intervene in four cases from various trial courts, two criminal and two civil. At least four of the court’s seven members must agree to initiate the process of granting relief in a case outside the usual appellate procedure. The cases address an expert’s insight into child-parent…
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Ted Tow appointed as next Court of Appeals chief judge
Judge Ted C. Tow III will be the next chief judge of Colorado’s second-highest court, the judicial branch announced on Thursday. Tow will succeed Chief Judge Gilbert M. Román on the Court of Appeals, who is completing a four-year term. A spokesperson said the fixed term will also apply to Tow. “Chief Judge Román’s leadership…
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Appeals court rules civil trial over Kendrick Castillo’s death not required if STEM School pays max damages
Colorado’s second-highest court determined on Thursday that a civil trial over the 2019 shooting death of Kendrick Castillo is not required after the defendant agreed to pay the maximum damages available to Castillo’s parents, without admitting liability. John and Maria Castillo, the parents of Kendrick, sued STEM School Highlands Ranch in 2021, two years after…