Legal Connection Updates http://cbaclelegalconnection.com/?p=38495 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/kW0E48nDRnA/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 2/16/2018 On Friday, February 16, 2018, the Tenth Circuit Court of Appeals issued one published opinion and eight unpublished opinions. Mon, 19 Feb 2018 16:43:55 Z http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-16-2018/#respond Susan Hoyt <div class="pf-content"><p>On Friday, February 16, 2018, the Tenth Circuit Court of Appeals issued one published opinion and eight unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-5099.pdf" target="_blank" rel="noopener"><em>Avington v. Indian Health Care Resource Center of Tulsa</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-3203.pdf" target="_blank" rel="noopener"><em>Armour v. Universal Protection Services</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-3354.pdf" target="_blank" rel="noopener"><em>United States v. Angeles</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-4080.pdf" target="_blank" rel="noopener"><em>Nunez v. Lifetime Products, Inc.</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-5172.pdf" target="_blank" rel="noopener"><em>Chissoe v. Zinke</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-3125.pdf" target="_blank" rel="noopener"><em>United States v. McKinney</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-6220.pdf" target="_blank" rel="noopener"><em>Stryker v. Bear</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-5088.pdf" target="_blank" rel="noopener"><em>United States v. Flores-Lopez</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/kW0E48nDRnA" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-16-2018/feed/ 0 http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-16-2018/ 2018-02-19 16:43 +00:00 2018-02-19 09:43 -07:00 http://cbaclelegalconnection.com/?p=38493 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/XDQR71qZW8U/ Updates 17th Judicial District Adams County Broomfield County court appointments judge appointments Sean Finn Appointed to 17th District Court Bench On Thursday, February 15, 2018, the governor's office announced the appointment of Sean Finn to the District Court bench in the 17th Judicial District. Finn will fill a vacancy created by the appointment of Hon. Ted Tow, III, to the Colorado Court of Appeals, effective February 13, 2018. Fri, 16 Feb 2018 15:06:19 Z http://cbaclelegalconnection.com/2018/02/sean-finn-appointed-17th-district-court-bench/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, February 15, 2018, the governor&#8217;s office announced the appointment of Sean Finn to the District Court bench in the 17th Judicial District. Finn will fill a vacancy created by the appointment of Hon. Ted Tow, III, to the Colorado Court of Appeals, effective February 13, 2018.</p> <p>Finn is currently a Chief Trial Deputy in the 20th Judicial District Attorney&#8217;s Office, where he prosecutes felony offenses and supervises felony prosecutions of economic crimes, cases before Boulder County grand juries, and appeals on behalf of the District Attorney&#8217;s Office. He also handles civil matters on behalf of the District Attorney&#8217;s Office and is an adjunct professor of criminal procedure at the University of Colorado School of Law. Prior to his work in the 20th Judicial District, Finn was Deputy District Attorney and Senior Deputy District Attorney in the 17th Judicial District. He was an associate at Davis, Graham &amp; Stubbs early in his career. He clerked for Hon. Robert Russel of the Colorado Court of Appeals. He received his undergraduate degree from the University of Colorado and his law degree from Loyola University School of Law.</p> <p>For more information about the appointment, <a href="https://www.courts.state.co.us/Media/Appointments.cfm?year=2017" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/XDQR71qZW8U" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/sean-finn-appointed-17th-district-court-bench/feed/ 0 http://cbaclelegalconnection.com/2018/02/sean-finn-appointed-17th-district-court-bench/ 2018-02-16 15:06 +00:00 2018-02-16 08:06 -07:00 http://cbaclelegalconnection.com/?p=38491 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/CiIzEqlHlwU/ Updates adopted rule changes adopted rules changes judicial performance commissions Rules Governing Commissions on Judicial Performance Rules Governing Commissions on Judicial Performance Repealed On Thursday, February 15, 2018, the Colorado Supreme Court issued Rule Change 2018(02), repealing Chapter 37 of the Colorado Rules of Civil Procedure, "Rules Governing the Commissions on Judicial Performance." The repeal was adopted by the court on February 15, effective immediately. Fri, 16 Feb 2018 14:57:09 Z http://cbaclelegalconnection.com/2018/02/rules-governing-commissions-judicial-performance-repealed/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, February 15, 2018, the Colorado Supreme Court issued <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2017/Rule%20Change%202018(02).pdf" target="_blank" rel="noopener">Rule Change 2018(02)</a>, repealing Chapter 37 of the Colorado Rules of Civil Procedure, &#8220;Rules Governing the Commissions on Judicial Performance.&#8221; The repeal was adopted by the court on February 15, effective immediately.</p> <p>For the text of the rule change, <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2017/Rule%20Change%202018(02).pdf" target="_blank" rel="noopener">click here</a>. For all of the Colorado Supreme Court&#8217;s adopted and proposed rule changes, <a href="https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/CiIzEqlHlwU" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/rules-governing-commissions-judicial-performance-repealed/feed/ 0 http://cbaclelegalconnection.com/2018/02/rules-governing-commissions-judicial-performance-repealed/ 2018-02-16 14:57 +00:00 2018-02-16 07:57 -07:00 http://cbaclelegalconnection.com/?p=38489 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/r_9KGdUarVQ/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 2/15/2018 On Thursday, February 15, 2018, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions. Fri, 16 Feb 2018 14:51:46 Z http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-15-2018/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, February 15, 2018, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-6043.pdf" target="_blank" rel="noopener"><em>Scott v. Mid-Del Schools Board of Education</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-1206.pdf" target="_blank" rel="noopener"><em>Brown v. Zupan</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-8050.pdf" target="_blank" rel="noopener"><em>Center v. Lampert</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/r_9KGdUarVQ" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-15-2018/feed/ 0 http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-15-2018/ 2018-02-16 14:51 +00:00 2018-02-16 07:51 -07:00 http://cbaclelegalconnection.com/?p=38484 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/uyxkLfQeKy0/ Job Satisfaction career satisfaction career transition economics happiness inspiration job search law practice mental health Learning to Learn “I didn’t know robots had advanced so far,” a reader remarked after last week’s post about how computers are displacing knowledge workers. What changed to make that happen? The machines learned how to learn. Thu, 15 Feb 2018 16:41:07 Z http://cbaclelegalconnection.com/2018/02/learning-to-learn/#respond Kevin Rhodes <div class="pf-content"><p>“I didn’t know robots had advanced so far,” a reader remarked after last week’s post about how computers are displacing knowledge workers. What changed to make that happen? The machines learned how to learn.</p> <p>This is from <em><a href="http://www.sciencemag.org/news/2017/11/artificial-intelligence-goes-bilingual-without-dictionary">Artificial Intelligence Goes Bilingual—Without A Dictionary</a></em>, Science Magazine, Nov. 28, 2017.</p> <blockquote><p>“Imagine that you give one person lots of Chinese books and lots of Arabic books—none of them overlapping—and the person has to learn to translate Chinese to Arabic. That seems impossible, right?” says . . . Mikel Artetxe, a computer scientist at the University of the Basque Country (UPV) in San Sebastiàn, Spain. “But we show that a computer can do that.”</p> <p>Most machine learning—in which neural networks and other computer algorithms learn from experience—is “supervised.” A computer makes a guess, receives the right answer, and adjusts its process accordingly. That works well when teaching a computer to translate between, say, English and French, because many documents exist in both languages. It doesn’t work so well for rare languages, or for popular ones without many parallel texts.</p> <p>[This learning technique is called] <a href="http://www.sciencemag.org/news/2017/09/what-artificial-brains-can-teach-us-about-how-our-real-brains-learn">unsupervised machine learning</a>. [A computer using this technique] constructs bilingual dictionaries without the aid of a human teacher telling them when their guesses are right.</p></blockquote> <p>Hmm. . . . I could have used that last year, when my wife and I spent three months visiting our daughter in South Korea. The Korean language is ridiculously complex; I never got much past “good morning.”</p> <p><a href="http://cbaclelegalconnection.com/2018/02/learning-to-learn/alpha-go-match/" rel="attachment wp-att-38486"><img class="size-full wp-image-38486 aligncenter" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/02/Alpha-Go-match.jpg" alt="" width="237" height="150" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/02/Alpha-Go-match.jpg 237w, http://cbaclelegalconnection.com/wp-content/uploads/2018/02/Alpha-Go-match-150x95.jpg 150w" sizes="(max-width: 237px) 100vw, 237px" /></a></p> <p><em>Go</em> matches were a standard offering on the gym TV’s where I worked out. (Imagine two guys in black suits staring intently at a game board — not exactly a riveting workout visual.) <em>Go</em> is also ridiculously complex, and mysterious, too: the masters seem to make moves more intuitively than analytically. But the days of human <em>Go</em> supremacy are over. Google wizard and overall overachiever Sebastian Thrun<a href="#_edn1" name="_ednref1">[1]</a> explains why in this conversation with TED Curator Chris Anderson:</p> <blockquote><p>Artificial intelligence and machine learning is about 60 years old and has not had a great day in its past until recently. And the reason is that today, we have reached a scale of computing and datasets that was necessary to make machines smart. The new thing now is that computers can find their own rules. So instead of an expert deciphering, step by step, a rule for every contingency, what you do now is you give the computer examples and have it infer its own rules.</p> <p>A really good example is AlphaGo. Normally, in game playing, you would really write down all the rules, but in AlphaGo&#8217;s case, the system looked over a million games and was able to infer its own rules and then beat the world&#8217;s residing Go champion. That is exciting, because it relieves the software engineer of the need of being super smart, and pushes the burden towards the data.</p> <p>20 years ago the computers were as big as a cockroach brain. Now they are powerful enough to really emulate specialized human thinking. And then the computers take advantage of the fact that they can look at much more data than people can. AlphaGo looked at more than a million games. No human expert can ever study a million games. So as a result, the computer can find rules that even people can&#8217;t find.</p></blockquote> <p>Thrun made those comments in April 2017. AlphaGo’s championship reign was short-lived: it was unseated a mere six months by a new cyber challenger that taught itself without reviewing all that data. This is from &#8220;<a href="https://www.technologyreview.com/s/609141/alphago-zero-shows-machines-can-become-superhuman-without-any-help/?">AlphaGo Zero Shows Machines Can Become Superhuman Without Any Help</a>,&#8221; <em>MIT Technology Review</em>, October 18, 2017.</p> <blockquote><p><a href="https://deepmind.com/research/alphago/">AlphaGo</a> wasn’t the best Go player on the planet for very long. A new version of the masterful AI program has emerged, and it’s a monster. In a head-to-head matchup, AlphaGo Zero defeated the original program by 100 games to none.</p> <p>Whereas the original AlphaGo learned by ingesting data from hundreds of thousands of games played by human experts, AlphaGo Zero started with nothing but a blank board and the rules of the game. It learned simply by playing millions of games against itself, using what it learned in each game to improve.</p> <p>The new program represents a step forward in the quest to build machines that are truly intelligent. That’s because machines will need to figure out solutions to difficult problems even when there isn’t a large amount of training data to learn from.</p> <p>“The most striking thing is we don’t need any human data anymore,” says Demis Hassabis, CEO and cofounder of DeepMind [the creators of AlphaGo Zero].</p> <p>“By not using human data or human expertise, we’ve actually removed the constraints of human knowledge,” says David Silver, the lead researcher at DeepMind and a professor at University College London. &#8220;It’s able to create knowledge for itself from first principles.&#8221;</p></blockquote> <p>Did you catch that? “We’ve removed the constraints of human knowledge.” Wow. No wonder computers are elbowing all those knowledge workers out of the way.</p> <p>What’s left for human to do? We’ll hear from Sebastian Thrun and others on that topic next time.</p> <hr /> <p><a href="#_ednref1" name="_edn1">[1]</a> Sebastian Thrun’s TED bio describes him as “an educator, entrepreneur and troublemaker. After a long life as a professor at Stanford University, Thrun resigned from tenure to join Google. At Google, he founded Google X, home to self-driving cars and many other moonshot technologies. Thrun also founded Udacity, an online university with worldwide reach, and Kitty Hawk, a ‘flying car’ company. He has authored 11 books, 400 papers, holds 3 doctorates and has won numerous awards.”</p> <p>&nbsp;</p> <div style="border: 1px solid #999999; background-color: #dadada;"> <p><em><a href="http://cbaclelegalconnection.com/2017/07/can-money-buy-happiness/photo-kevin-head-shot-thumbnail/" rel="attachment wp-att-37377"><img class="alignleft size-full wp-image-37377" src="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Photo-Kevin-Head-Shot-thumbnail.jpg" alt="" width="150" height="187" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Photo-Kevin-Head-Shot-thumbnail.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Photo-Kevin-Head-Shot-thumbnail-120x150.jpg 120w" sizes="(max-width: 150px) 100vw, 150px" /></a></em></p> <p><a href="https://www.linkedin.com/in/kevin-rhodes-b171117/">Kevin Rhodes</a> writes about individual growth and cultural change, drawing on insights from science, technology, disruptive innovation, entrepreneurship, neuroscience, psychology, and personal experience, including his own unique journey to wellness — dealing with primary progressive MS through an aggressive regime of exercise, diet, and mental conditioning.</p> <p>Check out Kevin’s latest LinkedIn Pulse article: <em><a href="https://www.linkedin.com/pulse/leadership-life-lessons-from-elite-athlete-dying-man-kevin-rhodes/">Leadership and Life Lessons From an Elite Athlete and a Dying Man</a></em>.</p> </div> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/uyxkLfQeKy0" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/learning-to-learn/feed/ 0 http://cbaclelegalconnection.com/2018/02/learning-to-learn/ 2018-02-15 16:41 +00:00 2018-02-15 09:41 -07:00 http://cbaclelegalconnection.com/?p=38481 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/zCz8IS9FwlI/ Case Law Colorado Court of Appeals disability temporary disability benefits wage loss workers' compensation law Colorado Court of Appeals: Workers’ Compensation Claimant Need Only Prove Either Wage Loss or Disability for TPD The Colorado Court of Appeals issued its opinion in Montoya v. Industrial Claim Appeals Office on Thursday, February 2, 2018. Workers’ Compensation—Medical Incapacity—Temporary Partial Disability. Claimant worked as an interior designer for Ethan Allen Retail, Inc. Her pay was based entirely on commissions. Claimant suffered admitted work-related injuries. Although she was neither given work restrictions nor [&#8230;] Thu, 15 Feb 2018 01:17:45 Z http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-workers-compensation-claimant-need-prove-either-wage-loss-disability-tpd/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Court of Appeals issued its opinion in <a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0322-PD.pdf" target="_blank" rel="noopener"><em>Montoya v. Industrial Claim Appeals Office</em></a> on Thursday, February 2, 2018.</p> <blockquote><p><em>Workers’ Compensation—Medical Incapacity—Temporary Partial Disability.</em></p> <p>Claimant worked as an interior designer for Ethan Allen Retail, Inc. Her pay was based entirely on commissions. Claimant suffered admitted work-related injuries. Although she was neither given work restrictions nor medically limited in her ability to work, her medical appointments caused her to be absent from the showroom floor and not be able to meet potential and current clients. Claimant sought temporary partial disability benefits (TPD) in a workers’ compensation action. She testified that the absences caused her to lose more than $20,000 in commission earnings. The administrative law judge (ALJ) awarded claimant TPD benefits to compensate her for the commissions she lost while attending medical appointments.</p> <p>A panel of the Industrial Claim Appeals Office (Panel) set aside the award of TPD benefits, reasoning that disability benefits are only available if a claimant demonstrates both medical incapacity and temporary loss of wage earning capacity. Here, because the ALJ had found that claimant had no work restrictions and was able to perform her job duties, the Panel held she did not establish the requisite “medical incapacity” prong of disability and therefore, as a matter of law, was not entitled to receive TPD benefits.</p> <p>On appeal, claimant contended that the Panel’s interpretation of “disability” was too narrow. The court of appeals concluded that although the concept of disability incorporates both “medical incapacity” and “loss of wage earnings,” a claimant need not prove both components to establish entitlement to disability benefits under the Workers’ Compensation Act. The court then found that the evidence presented amply supported the ALJ’s finding that claimant’s wage loss was attributable to her work-related injury. The Panel erred in setting aside the ALJ’s decision.</p> <p>The Panel’s decision was set aside and the case was remanded with instructions.</p></blockquote> <p><em>Summary provided courtesy of </em><a href="http://www.cobar.org/-em-Colorado-Lawyer-em" target="_blank" rel="noopener">Colorado Lawyer</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/zCz8IS9FwlI" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-workers-compensation-claimant-need-prove-either-wage-loss-disability-tpd/feed/ 0 http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-workers-compensation-claimant-need-prove-either-wage-loss-disability-tpd/ 2018-02-15 01:17 +00:00 2018-02-14 18:17 -07:00 http://cbaclelegalconnection.com/?p=38479 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/hxGCSlTIQAk/ Case Law Colorado Court of Appeals conveyance easements government law real estate law Colorado Court of Appeals: City Had Power to Convey Park Not Dedicated to Public Use The Colorado Court of Appeals issued its opinion in <em>Save Cheyenne v. City of Colorado Springs</em> on Thursday, February 2, 2018. Thu, 15 Feb 2018 01:14:56 Z http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-city-power-convey-park-not-dedicated-public-use/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Court of Appeals issued its opinion in <a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0043-PD.pdf" target="_blank" rel="noopener"><em>Save Cheyenne v. City of Colorado Springs</em></a> on Thursday, February 2, 2018.</p> <blockquote><p><em>Land Exchange—Home Rule Cities.</em></p> <p>The Colorado Springs City Council adopted a resolution approving a land exchange between the City, on the one hand, and the Broadmoor Hotel, Inc.; the Manitou and Pike’s Peak Railway Company; the COG Land &amp; Development Company; and PF, LLC (collectively, the Broadmoor) on the other hand. As relevant here, a 189.5 acre parcel within Cheyenne Park known as “Strawberry Fields” was transferred to the Broadmoor for construction of a private equestrian center on an 8.5 acre building envelope within the parcel. As a condition of the transfer, the Broadmoor is required to allow continued public access to Strawberry Fields, with the exception of the land within the building envelope. In exchange, the Broadmoor transferred to the City more than 300 acres of land and trail easements to be added to the City’s park system.</p> <p>Plaintiff, a local nonprofit corporation, filed suit, seeking a declaration that the resolution authorizing the land exchange was null and void, and injunctive relief preventing the land exchange. It also alleged a zoning violation. The City and the Broadmoor moved to dismiss under C.R.C.P. 12(b)(5), for failure to state any claims, and under C.R.C.P. 12(b)(1), arguing that the zoning challenge was unripe. The district court granted the motion.</p> <p>The court of appeals first rejected defendants’ motion to dismiss plaintiff’s appeal based on mootness. Plaintiff argued that the resolution was an ultra vires act of the City Council because Cheyenne Park had previously been dedicated as a public park, and as a consequence, the City holds the park in trust for the public and cannot convey the park’s land. The Court concluded that no valid statutory dedication of Cheyenne Park occurred, and that any common law dedication was abrogated. The City Council had the power to convey Strawberry Fields when it authorized the land exchange.</p> <p>Plaintiff next argued that under C.R.S. § 31-15-713(1)(a) no conveyance of the parkland could be made unless it was authorized by a vote in a public election. Colorado Springs is a home rule city and therefore in matters of local concern, a home-rule ordinance supersedes a conflicting state statute. The Colorado Springs City Code provides that land exchanges are to be reviewed by the City Council and approved by resolution. The Code provision applies, and the City was not required to hold an election before making the land transfer.</p> <p>The court also rejected plaintiff’s argument that the resolution and land exchange violated article XI, section 2 of the Colorado Constitution, which prohibits transfers of city property without consideration. Here, the City received consideration for the parkland.</p> <p>Plaintiff next contended that the City Council’s resolution approving the land exchange violates the City Charter. The Charter sections at issue only regulate granting franchises and leases on public property and city-owned parklands. The transaction here did not create a lease or franchise on City property, and these provisions do not apply to the conveyance.</p> <p>Lastly, the court concluded that plaintiff’s claim of zoning violations is not yet ripe for review. The record does not demonstrate that a final zoning decision has been made regarding the permitted uses of Strawberry Fields. The district court properly dismissed this claim.</p> <p>The judgment was affirmed.</p></blockquote> <p><em>Summary provided courtesy of </em><a href="http://www.cobar.org/-em-Colorado-Lawyer-em" target="_blank" rel="noopener">Colorado Lawyer</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/hxGCSlTIQAk" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-city-power-convey-park-not-dedicated-public-use/feed/ 0 http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-city-power-convey-park-not-dedicated-public-use/ 2018-02-15 01:14 +00:00 2018-02-14 18:14 -07:00 http://cbaclelegalconnection.com/?p=38477 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/o3rSBLa7cjo/ Case Law Colorado Court of Appeals Colorado Department of Labor employment law motor vehicle law overtime Colorado Court of Appeals: Airport Shuttle Drivers Are Not “Interstate Drivers” for Overtime Purposes The Colorado Court of Appeals issued its opinion in <em>Brunson v. Colorado Cab Co., LLC</em> on Thursday, February 2, 2018. Thu, 15 Feb 2018 01:12:02 Z http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-airport-shuttle-drivers-not-interstate-drivers-overtime-purposes/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Court of Appeals issued its opinion in <a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/16CA1864-PD.pdf" target="_blank" rel="noopener"><em>Brunson v. Colorado Cab Co., LLC</em></a> on Thursday, February 2, 2018.</p> <blockquote><p><em>Colorado Minimum Wage Act—Colorado Wage Claim Act—Colorado Wage Order 31—Summary Judgment—Interstate Drivers.</em></p> <p>Brunson is a shuttle van driver who transports passengers to and from Denver International Airport but does not drive out of state. He claimed that Shamrock Charters, Inc. and Colorado Cab Company, LLC (collectively, Shamrock) failed to pay him overtime compensation in violation of the Colorado Minimum Wage Act and the Colorado Wage Claim Act. The Acts are implemented by Colorado Wage Order 31, which requires covered employers to pay overtime. As pertinent here, the Wage Order exempts “interstate drivers” from its provisions. Neither the Acts nor the Wage Order defines the term “interstate drivers.”</p> <p>The district court granted summary judgment in favor of Shamrock. It found that the Wage Order’s language closely follows the federal Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act (FLSA) and construed “interstate drivers” in accordance with federal interpretation. Thus, the district court concluded that “interstate drivers” includes drivers involved in interstate commerce even if their work is entirely within the state. The court further concluded that Brunson was an interstate driver and was, as a matter of law, exempt from the Wage Order’s overtime pay requirements.</p> <p>On appeal, Brunson contended that the federal interpretation of the MCA exemption does not apply to his state claims. The court of appeals determined that federal and state overtime pay exemptions are not identical or substantially identical. Further, the Colorado Department of Labor has published clear persuasive evidence of its intent to provide greater protections than those under FLSA. Therefore, the court concluded that federal case law’s interpretation of “interstate drivers” does not apply to Brunson’s state claims. Having determined that federal case law is not persuasive authority as to the meaning of “interstate driver,” the court relied on the Department’s interpretation of its own regulation in its Advisory Bulletin and construed the term “interstate drivers” to apply only to drivers whose work takes them across state lines. Thus, Shamrock did not “plainly and unmistakably” demonstrate that Brunson fell within the Wage Order’s exemption.</p> <p>The summary judgment was reversed and the case was remanded.</p></blockquote> <p><em>Summary provided courtesy of </em><a href="http://www.cobar.org/-em-Colorado-Lawyer-em" target="_blank" rel="noopener">Colorado Lawyer</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/o3rSBLa7cjo" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-airport-shuttle-drivers-not-interstate-drivers-overtime-purposes/feed/ 0 http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-airport-shuttle-drivers-not-interstate-drivers-overtime-purposes/ 2018-02-15 01:12 +00:00 2018-02-14 18:12 -07:00 http://cbaclelegalconnection.com/?p=38475 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/fnzJ3gZf9Os/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 2/14/2018 On Wednesday, February 14, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions. Thu, 15 Feb 2018 01:07:52 Z http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-14-2018/#respond Susan Hoyt <div class="pf-content"><p>On Wednesday, February 14, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-1160.pdf" target="_blank" rel="noopener"><em>Medical Lien Management, Inc. v. Dampier</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-1178.pdf" target="_blank" rel="noopener"><em>Aronstein v. Thompson Creek Metals Co., Inc.</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/fnzJ3gZf9Os" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-14-2018/feed/ 0 http://cbaclelegalconnection.com/2018/02/tenth-circuit-unpublished-opinions-2-14-2018/ 2018-02-15 01:07 +00:00 2018-02-14 18:07 -07:00 http://cbaclelegalconnection.com/?p=38473 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/omgrBy7V14k/ Case Law Colorado Court of Appeals employment law liability litigation real estate law respondeat superior setoff settlement Colorado Court of Appeals: When Liability Based on Respondeat Superior, Settlement with Agent is Setoff Against Jury Verdict for Principal The Colorado Court of Appeals issued its opinion in <em>Marso v. Homeowners Realty</em> on Thursday, February 8, 2018. Wed, 14 Feb 2018 15:37:21 Z http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-liability-based-respondeat-superior-settlement-agent-setoff-jury-verdict-principal/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Court of Appeals issued its opinion in <a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/16CA1521%20&amp;%2017CA0066-PD.pdf" target="_blank" rel="noopener"><em>Marso v. Homeowners Realty</em></a> on Thursday, February 8, 2018.</p> <blockquote><p><em>Respondeat Superior—Agent—Amendment of Answer—Affirmative Defense—Setoff—Settlement—Statutory Prejudgment Interest.</em></p> <p>Dilbeck was employed by or associated with Homeowners Realty, Inc., d/b/a/ Coldwell Banker Home Owners Realty, Inc. (Coldwell) and acted as the Marsos’ agent in their purchase of a house. Two years after the purchase, the Marsos discovered that uranium tailings had been used as fill material, creating a potential health hazard. The Marsos filed a complaint against Dilbeck and Coldwell alleging negligence against Dilbeck and respondeat superior liability against Coldwell. Before the scheduled trial date, the Marsos settled with Dilbeck for $150,000, inclusive of interest. The jury was instructed to determine the total amount of damages sustained by the Marsos and was not informed of the amount of the settlement with Dilbeck. The jury returned a verdict of $120,000 against Coldwell. In post-trial proceedings, the trial court set off the settlement payment of $150,000 against the $120,000 jury verdict, resulting in a zero recovery for the Marsos. Because the settlement payment exceeded the jury verdict, the court entered judgment in favor of Coldwell and later entered a cost award against the Marsos of approximately $30,000.</p> <p>On appeal, the Marsos contended that the court abused its discretion in allowing Coldwell to amend its answer to assert the affirmative defense of setoff over the Marsos’ timeliness objection. Because Coldwell did not obtain the settlement agreement until shortly before trial and the Marsos had no right to rely on the absence of a setoff, the amendment did not result in legal prejudice to the Marsos. Under these circumstances, the court did not abuse its discretion in allowing Coldwell to pursue its setoff defense.</p> <p>The Marsos next argued that the trial court erred when it set off the settlement payment against the jury verdict. When a party’s liability is based entirely on respondeat superior, a settlement with the agent is setoff against the jury verdict entered against the principal. Therefore, the trial court did not err in this regard.</p> <p>The Marsos also contended that the trial court erred when it set off the settlement payment before statutory prejudgment interest accrued on the jury verdict. Statutory prejudgment interest accrues on the jury verdict before the setoff. Here, the court must calculate the interest that accrued on the jury’s verdict from the date of the Marsos’ injury to the date of Dilbeck’s settlement payment and add it to the jury verdict</p> <p>The judgment and cost award in Coldwell’s favor was reversed, and the case was remanded for further proceedings.</p></blockquote> <p><em>Summary provided courtesy of </em><a href="http://www.cobar.org/-em-Colorado-Lawyer-em" target="_blank" rel="noopener">Colorado Lawyer</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/omgrBy7V14k" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-liability-based-respondeat-superior-settlement-agent-setoff-jury-verdict-principal/feed/ 0 http://cbaclelegalconnection.com/2018/02/colorado-court-appeals-liability-based-respondeat-superior-settlement-agent-setoff-jury-verdict-principal/ 2018-02-14 15:37 +00:00 2018-02-14 08:37 -07:00