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The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” This section forbids the state legislature from passing “ex post facto” laws.
The federal government has ordered the seven Colorado River states to reduce their water usage by one-fifth. The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. They have been the elephant in the room of Colorado River water apportionment for a century.
Judge Sandra Ikuta stated that the statutes that govern removing cases from state to federal court must be interpreted narrowly. Two other US circuit courts have since remanded cases by Baltimore and Colorado municipalities. Other lawsuits are still pending.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Guzman Loera v. Ojedokun v.
There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. Both the Colorado GOP and Rep. Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases.
That’s a lesson worth applying to current strategies addressing the epidemic of gun violence, writes Benjamin Levin , an Associate Professor of Law at the University of ColoradoLaw School. Levin acknowledges there are key differences in enforcing laws related to guns and drugs.
Jicarilla Apache Nation , the court held that the United States owes no duty to Indian tribes except those expressly noted in treaties, statutes, or regulations. Justice Neil Gorsuch dissented, his third extensive writing in the last two weeks on Indian law matters. Following cases such as United States v.
A Colorado federal judge on Tuesday ruled that an engineering consulting firm is liable to telecommunications company Lumen Technologies for damages caused by a subcontractor's faulty structural analysis, but said she couldn't yet rule on whether Florida law and a two-year statute of limitation barred Lumen's claims against the firm.
Share The Supreme Court heard oral argument on Wednesday in the case of a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on the Facebook messages that he sent to local musician Coles Whalen. Colorado Attorney General Philip Weiser arguing for the state. But there is no tradition in U.S.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. The case is Board of County Commissioners of Weld County, Colorado v. Board of County Commissioners of Weld County, Colorado v.
Colorado , 600 U.S. _ (2023), the U.S. 18–3–602(1)(c), a Coloradostatute making it unlawful to “[r]epeatedly. Following Coloradolaw, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. In Counterman v.
also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. He was arrested and charged by a federal law enforcement officer with violations of the Ute Mountain Ute Tribal Code and the U.S. Code of Federal Regulations.
These requirements are mandated by various laws and regulations and can be challenging to navigate. As you might suspect, these tips are not intended to be an exhaustive list, but rather provide a helpful starting point to ensure your labels are compliant with all applicable laws and regulations.
Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). By statute, registration is available for “original works of authorship fixed in any tangible medium of expression.”
a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F. BP P.L.C. , A motion for remand has been briefed.
This post is by Maggie Gardner, a professor of law at Cornell Law School. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction.
To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C. Eagle County, Colorado : The case involves how to interpret the Courts prior decision in Department of Transportation v. ” In Adams v.
If a law firm is unable even to decide whether its staff should return to the office, or when that return should happen, or how to structure that return, then how can that firm implement lasting and innovative changes in its technology infrastructure and systems? This is not to say that 2021 was without innovation.
December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).
If a law firm is unable even to decide whether its staff should return to the office, or when that return should happen, or how to structure that return, then how can that firm implement lasting and innovative changes in its technology infrastructure and systems? This is not to say that 2021 was without innovation.
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S.
Colorado Governor Jared Polis Friday signed a bill allowing those who have been convicted of a crime access to post-conviction DNA testing. The bill will take effect in Colorado’s criminal justice system in October 2023. Furthermore, the law ensures that victims’ rights are respected and align with the Victim Rights Act.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.
Two other cases involve a dispute involving the Navajo Nation’s rights to Colorado River water. Court of Appeals for the Federal Circuit has deviated from that by holding that enablement is a question of law that courts review without deference. Abitron Austria GmbH v. Hetronic International, Inc. trademarks.
The court previously addressed these issues in the 2018 case of a Colorado baker who had refused to bake a wedding cake for a same-sex couple, citing his religious beliefs. She intends to post a message to this effect but has not yet done so for fear of violating Colorado’s anti-discrimination ordinance.
The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Bartlett v.
Sineneng-Smith , the Supreme Court reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Two years ago, in United States v. Our first new relist this week, United States v.
The court ultimately decided Elonis on narrow statutory grounds rather than constitutional ones, holding that “a guilty mind is a necessary element” of the federal threat statute. The Colorado court of appeals affirmed, and the state supreme court denied review. Colorado , 22-138. Another disclosure: I represent Counterman.)
It is written by Mark Chandler , former chief legal officer at Cisco Systems from 2001- 2021 and now a lecturer in law at Stanford Law School and a fellow at the Stanford’s Deborah L. The Colorado courts charge additional fees to use their e-file system, including separate fees to e-serve documents.
Struve, who was never charged with violating Iowa’s texting-while-driving law, was convicted for possessing a controlled substance. In his petition, Struve argues that the Iowa Supreme Court adopted a minority, and incorrect, position among states with similar laws. In another Fourth Amendment case, Tuggle v. Lamoureux v.
19, members of the Colorado Sex Offender Management Board (SOMB ) took a critical first step in altering the language used to label those convicted of a sexual offense while in treatment towards a “person-first” perspective. But a second image shows a shadowy figure within the graphic of the Colorado state flag. Last week, on Nov.
Family members of people who have died from drug overdoses claim that Colorado police seemed disinterested in investigating their loved ones’ fentanyl deaths, reports the Denver Post. Brittany Pettersen, is learning to see those with drug-use problems – and especially those who die from them – as real people suffering health issues.
After the Washington attorney general learned about Stutzman’s refusal, he sued her for violating the state’s antidiscrimination laws, as did Ingersoll and his husband. Supreme Court in 2017, but the justices sent the case back for another look after their ruling in Masterpiece Cakeshop , the Colorado case. Stutzman came to the U.S.
Jack Phillip, the Colorado baker who brought the challenge in Masterpiece Cakeshop, Ltd. Colorado Civil Rights Commission has again lost an appeal in Colorado state court. The Colorado Court of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech.
The relevant provision applies to all service “pursuant to a call or order to active duty” under a number of specifically enumerated provisions of law, as well as under “any other provision of law during a war or during a national emergency declared by the President or Congress.” The applicable law may be state law.
Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. Colorado Civil Rights Commission. Phillips was found in violation of the Colorado Anti-Discrimination Act prohibits businesses from discriminating, including based on sexual orientation.
Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. The law defines “public accommodation” broadly to include almost every public-facing business in the State. In 303 Creative LLC v.
Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. Colorado Civil Rights Commission (relisted 14 times). relisted after the Jan.
Congress passed the law to create a national framework for congressional and presidential elections. The law sets specific rules for campaign spending and gives the Federal Election Commission (FEC) broad power to regulate elections under those rules. Fast-forward two decades to today, and the Colorado ruling is under siege.
The same law is at the center of Environmental Protection Agency v. The Supreme Court recently invalidated a removal restriction for an agency headed by a single official in Seila Law LLC v. The Bruen test, the state court added, was “fuzzy,” “backward-looking,” and “unravels durable law.” Calumet Shreveport Refining, L.L.C.
Elenis , the case brought by Colorado website designer Lorie Smith, on Dec. The justices will also hear oral arguments in two cases involving federal fraud and bribery statutes, a challenge to the Biden administration’s immigration enforcement decisions, and the government’s authority to dismiss a lawsuit brought under the False Claims Act.
Supreme Court’s Bruen decision , which determined that a New York state law requiring a license to carry concealed weapons in public places was unconstitutional, will turn our nation into a “ wild, wild West. ” . States can and should ensure such statutes provide extensive due process protections. Similarly, on July 5, New Jersey Gov.
Stillie , the case challenging Alaska’s disclosure requirement statute for political contributions. The court also denied review of two cases challenging New York City’s rent-regulation laws , with Justice Neil Gorsuch noting that he would have granted the petitions. The court denied review in Smith v. And the U.S.
The failure to comply with these requirements is a felony under Florida law. He argues that there is a divide among the courts of appeals over whether similar sex-offender regimes place registrants “in custody” for purposes of the habeas statute. In support, Clements points to a 2019 ruling by the U.S. Cooperatieve Rabobank U.A.
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