| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-6062
|
Roberts v. Progressive Independence Inc.
Employer who fails to provide disabled employee with personal care attendant for the time needed to do work related activities constitutes wrongful discharge. |
Employment Law |
|
Nov. 9, 1999 | |
|
98-7063
|
Haddock v. Apfel
Administrative law judge must get expert's reasonable explanation when conflict between expert testimony and Dictionary of Occupational Titles. |
Administrative Agencies |
|
Nov. 9, 1999 | |
|
99-5042
|
Sherrill v. Hargett
Failing to challenge a jury instruction that is later found to be unconstitutional isn't ineffective assistance of counsel. |
Constitutional Law |
|
Nov. 9, 1999 | |
|
98-1181 and 98-1183
|
Chessin v. Keystone Resort Management Inc.
Totality of circumstances is the appropriate approach to determine whether establishment is primarily recreational for purposes of applying Fair Labor Standards Act exemption. |
Employment Law |
|
Nov. 9, 1999 | |
|
98-5115
|
Shepherd v. Apfel
Medical improvement standard applies to 'closed period' cases when claimant is found to have been disabled during finite period of time. |
Administrative Agencies |
|
Nov. 9, 1999 | |
|
98-6192 and 98-6201
|
Mason v. Oklahoma Turnpike Authority
Defendant has burden of proof regarding establishing its financial condition to oppose punitive damages sought by plaintiff. |
Civil Procedure |
|
Nov. 9, 1999 | |
|
97-9522 and 97-9547
|
Farmers Telephone Co. Inc. v. Federal Communications Commission
Federal Communications Commissions interpretation of its regulation that five percent reduction limitation was transitional, and of limited duration, was reasonable and enforceable. |
Administrative Agencies |
|
Nov. 9, 1999 | |
|
98-4192
|
U.S. v. Sparrow
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-2048
|
Muir v. Fifth Judicial District Court
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98-7186
|
Lampley v. United States of America
Order |
Civil Rights |
|
Nov. 9, 1999 | |
|
98CA0048
|
Highland Meadow Estates at Castle Peak Ranch Inc. v. Buick
Covenants limiting construction to single-family residences also prohibits building of roads having no connection to those residences. |
Real Property |
|
Nov. 9, 1999 | |
|
98CA0136
|
People v. A Business or Businesses located at 2896 West 64th Avenue
Nude entertainment club is open to the public despite its sham membership requirements, and thus a public nuisance. |
Government |
|
Nov. 9, 1999 | |
|
98CA0347
|
DeForrest v. City of Cherry Hills Village
Where factual issue is present whether city officials created a dangerous condition, denial of motion to dismiss under immunity is proper. |
Government |
|
Nov. 9, 1999 | |
|
98CA0401
|
Wilson v. Board of County Commissioners of Weld County
30-day period for filing judicial review petition doesn't begin running until entry of revised resolution. |
Administrative Agencies |
|
Nov. 9, 1999 | |
|
98CA0450
|
People v. Tow
Statute that prohibits careless driving causing someone's death doesn't prevent defendant from also being convicted of criminally negligent homicide. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98CA0796
|
People v. Duran
When imposing amount of restitution to be paid, trial court isn't required to consider victim's provocative conduct. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-3020
|
U.S. v. Albers
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-5062
|
Douglas v. Scott
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-7021
|
Shepler v. Evans
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98CA0982
|
Marriage of Balanson
Additional stock options acquired during marriage must be apportioned either by 'time-rule formula' or equal division of marital portion. |
Family Law |
|
Nov. 9, 1999 | |
|
98CA1383
|
Acme Delivery Service Inc. v. The David Johnson Group Inc.
Bailee may sue warehouse owner for destruction of bailed goods in fire even though insurance company compensated bailor. |
Insurance |
|
Nov. 9, 1999 | |
|
99-1028
|
Portley-El v. Zavaras
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98-2108
|
Morgan v. Lytle
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98CA1712
|
Knapper v. Aurora Municipal Court
Court can't appoint counsel for appellate process when defendant was only sentenced to pay fine. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98CA2391
|
Leidal v. Brunell
Trial court can't dismiss case because filing party admits he can't prosecute case due to not have money for service of process. |
Civil Procedure |
|
Nov. 9, 1999 | |
|
98CA0992
|
Farny v. Board of Equalization of Dolores County
Property correctly classified as residential when taxpayers used cabin on property predominately as residence and was suited for that purpose. |
Taxation |
|
Nov. 9, 1999 | |
|
98-1314
|
Amanatullah v. Colorado Board of Medical Examiners
Federal court must abstain from deciding claim that state board of medical examiners violated doctor's constitutional rights by investigating complaints against him. |
Constitutional Law |
|
Nov. 9, 1999 | |
|
98-8059
|
U.S. v. Bull
Escapee conviction is always a violent felony, and if properly included in the record, can be used for enhancement purposes.Escape conviction is always a violent felony, and if properly included in the record, can be used for enhancement purposes. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-1229
|
Porter v. Officer Sanchez
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98-1469
|
Jenkins v. Colorado Department of Social Services
Order |
Civil Procedure |
|
Nov. 9, 1999 |