Tag: judge timothy schutz
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Colorado justices to decide insurance companies’ obligation to disclose relevant policies
The Colorado Supreme Court announced on Monday that it will decide whether an insurance company violated state law by withholding an at-fault driver’s policy for nearly a year when there was no dispute that the policy was not in effect at the time of the accident. At least three of the court’s seven members must…
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Appeals court clarifies guardrails for mandatory arbitration
Colorado’s second-highest court issued two decisions in recent weeks that clarified the limits on mandatory arbitration, including for cases that raise workplace sexual harassment claims. While arbitration can be a more efficient and private form of dispute resolution compared to a lawsuit, it can also lack transparency and generally leaves a person without an avenue…
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Colorado Supreme Court accepts child neglect, unlawful search appeals
The Colorado Supreme Court recently announced that it will decide whether a series of missteps led an El Paso County judge to improperly terminate a father’s parental rights, and whether a police officer defendant bears the burden of proving that his warrantless vehicle search was legally justified. At least three of the court’s seven members…
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Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures
Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements. No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE,…
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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Colorado counties cannot challenge state law restricting immigration contracts, appeals court says
Colorado’s second-highest court ruled on Thursday that counties lack standing to challenge a 2023 state law that restricts their ability to contract with the federal government or private entities for immigration detention. A three-judge Court of Appeals panel agreed with a trial judge that the Colorado Constitution provides the legislature with broad power to enact…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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Colorado justices say utilities commission overreached by immunizing Xcel in rate document
Xcel Energy cannot rely upon a rate-setting document to broadly immunize itself from liability against electrocutions, the Colorado Supreme Court ruled on Monday. The justices originally heard the electrocution-related lawsuit from Francisco Cuevas to decide whether Xcel’s tariff, which sets the rates and terms of service for its customers, shielded the utility from liability when…
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Colorado Supreme Court to hear cases on insurance coverage for COVID, witness credibility
The Colorado Supreme Court announced on Tuesday that it will decide the degree to which a virus or other hazard must affect a commercial property before it can trigger loss-or-damage coverage under an insurance policy. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one…
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Appeals judge urges restraint in labeling new offenses serious across board
A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…