CLE Legal Connection http://cbaclelegalconnection.com/?p=39208 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/2x9TkemJHtQ/ Legislation business law construction law criminal law domestic relations law education law elder law environmental law fmaily law HB 18-1042 HB 18-1077 HB 18-1146 HB 18-1156 HB 18-1200 HB 18-1218 HB 18-1234 HB 18-1302 HB 18-1303 HB 18-1313 HB 18-1314 HB 18-1335 HB 18-1342 HB 18-1350 HB 18-1363 HB 18-1373 HB 18-1402 HB 18-1405 HB 18-1410 HB 18-1421 HB 18-1422 HB 18-1429 HB 18-1437 HOA law juvenile law legislation marijuana law medical marijuana military law motor vehicle law real estate law SB 18-015 SB 18-038 SB 18-068 SB 18-225 SB 18-245 SB 18-250 SB 18-251 SB 18-255 SB 18-259 SB 18-267 SB 18-269 SB 18-280 sports law tax law technology law veterans law water law workers' compensation law Lieutenant Governor Lynne Signs Final Bills of 2018 Legislative Session On Wednesday, June 6, 2018, Lieutenant Governor Donna Lynne signed the final bills of the 2018 legislative session into law in Governor Hickenlooper's absence. Lt. Gov. Lynne signed 35 bills into law. During the 2018 legislative session, 421 bills were signed into law, 9 were vetoed, and 2 were sent to the Secretary of State without a signature. Fri, 15 Jun 2018 15:08:21 Z http://cbaclelegalconnection.com/2018/06/lieutenant-governor-lynne-signs-final-bills-of-2018-legislative-session/#respond Susan Hoyt <div class="pf-content"><p>On Wednesday, June 6, 2018, Lieutenant Governor Donna Lynne signed the final bills of the 2018 legislative session into law in Governor Hickenlooper&#8217;s absence. Lt. Gov. Lynne signed 35 bills into law. During the 2018 legislative session, 421 bills were signed into law, 9 were vetoed, and 2 were sent to the Secretary of State without a signature. The bills signed Wednesday are summarized here.</p> <ul> <li><a href="https://leg.colorado.gov/bills/sb18-015" target="_blank" rel="noopener"><strong>SB 18-015</strong></a> &#8211; &#8220;Concerning the &#8216;Protecting Homeowners and Deployed Military Personnel Act,'&#8221; by Sens. Bob Gardner &amp; Owen Hill and Reps. Dave Williams &amp; Larry Liston. The bill directs a peace officer to remove a person from a residential premises and to order the person to remain off the premises if the owner or owner&#8217;s authorized agent (declarant) swears to a declaration making specified statements concerning ownership of the premises and the lack of authority for the person or persons who are on the premises to be there.</li> <li><strong><a href="https://leg.colorado.gov/bills/sb18-038" target="_blank" rel="noopener">SB 18-038</a> </strong>&#8211; &#8220;Concerning the Allowable Uses of Reclaimed Domestic Wastewater, and, in Connection Therewith, Allowing Reclaimed Domestic Wastewater to be Used for Industrial Hemp Cultivation and Making an Appropriation,&#8221; by Sens. Kerry Donovan &amp; Don Coram and Reps. Daneya Esgar &amp; Yeulin Willett. The bill codifies rules promulgated by the water quality control commission of the Colorado department of public health and environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water.</li> <li><a href="https://leg.colorado.gov/bills/sb18-068" target="_blank" rel="noopener"><strong>SB 18-068</strong></a> &#8211; &#8220;Concerning Criminalizing False Reports,&#8221; by Sens. John Cooke &amp; Kevin Van Winkle and Rep. Jeff Bridges. Under current law, there is a crime of false reporting to authorities. The bill creates a crime of false reporting of an emergency by criminalizing an act of false reporting to authorities that includes a false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.</li> <li><a href="https://leg.colorado.gov/bills/sb18-225" target="_blank" rel="noopener"><strong>SB 18-225</strong></a> &#8211; &#8220;Concerning the Definition of an Early College for Purposes of the &#8216;Concurrent Enrollment Programs Act,'&#8221; by Sen. Kent Lambert and Rep. Millie Hamner. Under the existing statute, an early college is not subject to the requirements of the &#8216;Concurrent Enrollment Programs Act&#8217;. The bill amends the definition of &#8216;early college&#8217; to specify that an early college must provide only a curriculum that is designed to be completed within 4 years and includes concurrent enrollment in high school and postsecondary courses such that, when a student completes the curriculum, the student has attained a high school diploma and a postsecondary credential or at least 60 credit hours toward completion of a postsecondary credential.</li> <li><a href="https://leg.colorado.gov/bills/sb18-245" target="_blank" rel="noopener"><strong>SB 18-245</strong></a> &#8211; &#8220;Concerning the Disposal of Naturally Occurring Radioactive Materials,&#8221; by Sen. John Cooke and Rep. Jeni James Arndt. Current law allows the state board of health to adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) only after the federal environmental protection agency has adopted rules concerning the disposal of NORM. The EPA has not adopted the rules. The bill repeals this prohibition and requires the state board to adopt rules, which must also regulate technologically enhanced NORM (TENORM), by December 31, 2020.</li> <li><a href="https://leg.colorado.gov/bills/sb18-250" target="_blank" rel="noopener"><strong>SB 18-250</strong></a> &#8211; &#8220;Concerning the Provision of Jail-based Behavioral Health Services, and, in Connection Therewith, Making an Appropriation,&#8221; by Sens. Bob Gardner &amp; Kent Lambert and Reps. Pete Lee &amp; Dave Young. The bill continues to allow the correctional treatment cash fund to be used to provide treatment for persons with mental and behavioral health disorders who are being served through the jail-based behavioral health services program.</li> <li><a href="https://leg.colorado.gov/bills/sb18-251" target="_blank" rel="noopener"><strong>SB 18-251</strong></a> &#8211; &#8220;Concerning Establishing a Statewide Behavioral Health Court Liaison Program, and, in Connection Therewith, Making an Appropriation,&#8221; by Sens. Bob Gardner &amp; Kent Lambert and Reps. Dave Young &amp; Pete Lee. The bill establishes in the office of the state court administrator a statewide behavioral health court liaison program. The purpose of the program is to identify and dedicate local behavioral health professionals as court liaisons in each state judicial district to facilitate communication and collaboration among judicial, health care, and behavioral health systems.</li> <li><a href="https://leg.colorado.gov/bills/sb18-255" target="_blank" rel="noopener"><strong>SB 18-255</strong></a> &#8211; &#8220;Concerning the Use of Electronic Formats in the Issuance of Certificates of Title for Vehicles,&#8221; by Sen. Jack Tate and Reps. Jeni James Arndt &amp; Edie Hooten. Current law provides that a record may not be denied effect merely because it is electronic. The bill clarifies that this applies to documents needed to obtain a certificate of title and electronic signatures.</li> <li><a href="https://leg.colorado.gov/bills/sb18-259" target="_blank" rel="noopener"><strong>SB 18-259</strong></a> &#8211; &#8220;Concerning the Taxation of Retail Marijuana by Local Governments, and, in Connection Therewith, Making an Appropriation,&#8221; by Sen. Jim Smallwood and Rep. Dan Pabon. The bill imposes general taxation requirements on local government.</li> <li><a href="https://leg.colorado.gov/bills/sb18-267" target="_blank" rel="noopener"><strong>SB 18-267</strong></a><strong> </strong>&#8211; &#8220;Concerning the Creation of the Justice Center Maintenance Fund,&#8221; by Sens. John Kefalas &amp; Randy Baumgardner and Reps. Jon Becker &amp; Chris Hansen. The bill creates the justice center maintenance fund that consists of money appropriated by the general assembly to the maintenance fund from the justice center cash fund to be used for controlled maintenance needs of the Ralph L. Carr Colorado judicial center.</li> <li><a href="https://leg.colorado.gov/bills/sb18-269" target="_blank" rel="noopener"><strong>SB 18-269</strong></a> &#8211; &#8220;Concerning Providing Funding for Local Education Providers to Implement School Security Improvements to Prevent Incidences of School Violence, and, in Connection Therewith, Creating the School Security Disbursement Program,&#8221; by Sens. Tim Neville &amp; Dominick Moreno and Reps. Patrick Neville &amp; Jeff Bridges. The bill creates the school security disbursement program in the department of public safety. A school district, charter school, institute charter school, or board of cooperative services may apply for a disbursement by submitting an application to the department. A disbursement recipient may use the money for one or more of the purposes specified in the bill, which include building improvements to enhance security and training for school personnel.</li> <li><strong><a href="https://leg.colorado.gov/bills/sb18-280" target="_blank" rel="noopener">SB 18-280</a> </strong>&#8211; &#8220;Concerning a Transfer from the General Fund to the Tobacco Litigation Settlement Cash Fund to be Allocated to the Programs, Services, and Funds that Currently Receive Tobacco Litigation Settlement Money,&#8221; by Sen. Kent Lambert and Rep. Millie Hamner. The bill requires the state treasurer to transfer $19,965,068 from the general fund to the tobacco litigation settlement cash fund on July 1, 2018. This money is allocated for the 2018-19 fiscal year to the programs, services, and funds that receive tobacco litigation settlement money to supplement the allocation of settlement money that those programs, services, and funds will otherwise receive.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1042" target="_blank" rel="noopener"><strong>HB 18-1042</strong></a> &#8211; &#8220;Concerning the Creation of a Program to Authorize Private Providers to Register Commercial Vehicles as Class A Personal Property, and, in Connection Therewith, Making and Reducing an Appropriation,&#8221; by Reps. Jon Becker &amp; Joann Ginal and Sens. Ray Scott &amp; Rachel Zenzinger. The bill creates the expedited registration program. The program authorizes the department of revenue to promulgate rules authorizing private providers to register interstate commercial vehicles. The provider may collect and retain a convenience fee.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1077" target="_blank" rel="noopener"><strong>HB 18-1077</strong></a> &#8211; &#8220;Concerning the Penalty for a Person who Commits Burglary to Acquire Firearms, and, in Connection Therewith, Making an Appropriation,&#8221; by Reps. Larry Liston &amp; Donald Valdez and Sens. Leroy Garcia &amp; Ray Scott. In current law, second degree burglary is a class 4 felony, but it is a class 3 felony under 2 specified circumstances. The bill designates a third type of second degree burglary as a class 3 felony: that is, a burglary, the objective of which is the theft of one or more firearms or ammunition.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1146" target="_blank" rel="noopener"><strong>HB 18-1146</strong></a> &#8211; &#8220;Concerning the Continuation Under the Sunset Law of the Measurement Standards Law,&#8221; by Rep. Jovan Melton and Sen. Don Coram. The bill implements the recommendations of the department of regulatory agencies in its sunset review and report on the measurement standards law by extending the law for 15 years.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1156" target="_blank" rel="noopener"><strong>HB 18-1156</strong></a> &#8211; &#8220;Concerning Limitations on Penalties for Truancy,&#8221; by Rep. Pete Lee and Sen. Chris Holbert. The bill clarifies in the Colorado Children&#8217;s Code and in the &#8216;School Attendance Law of 1963&#8217; that a &#8216;delinquent act&#8217; does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1200" target="_blank" rel="noopener"><strong>HB 18-1200</strong></a> &#8211; &#8220;Concerning Cybercrime, and, in Connection Therewith, Criminalizing Using a Computer to Engage in Prostitution of a Minor, Criminalizing Skimming Payment Cards, Making Changes to the Penalty Structure for Cybercrime, and Making an Appropriation,&#8221; by Reps. Paul Lundeen &amp; Alec Garnett and Sens. Rhonda Fields &amp; Don Coram. The bill changes the name of the crime computer crime to cybercrime. The bill makes soliciting, arranging, or offering to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof, a cybercrime.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1218" target="_blank" rel="noopener"><strong>HB 18-1218</strong></a> &#8211; &#8220;Concerning the Definition of a Charitable Organization for Purposes of State Sales and Use Tax, and, in Connection Therewith, Removing the Limitation that a Veterans&#8217; Organization Only Gets the Charitable Organization Exemption for Purposes of Sponsoring a Special Event, Meeting, or Other Function in the State, So Long as Such Event, Meeting, or Function is Not Part of the Organization&#8217;s Regular Activities in the State,&#8221; by Reps. Terri Carver &amp; Jovan Melton and Sens. Nancy Todd &amp; Larry Crowder. The bill makes state law consistent with federal law and will treat veterans&#8217; organizations registered under section 501 (c)(19) of the federal internal revenue code the same way as veterans&#8217; organizations registered under section 501 (c)(3) of the federal internal revenue code.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1234" target="_blank" rel="noopener"><strong>HB 18-1234</strong></a> &#8211; &#8220;Concerning Clarification of the Laws Governing Simulated Gambling Activity,&#8221; by Reps. KC Becker &amp; Paul Lundeen and Sen. Kent Lambert. The bill amends the definitions of key terms such as &#8216;gambling&#8217;, &#8216;prize&#8217;, and &#8216;simulated gambling device&#8217; as used in the criminal statutes governing simulated gambling devices and specifies that unlawful offering of a simulated gambling device occurs if a person receives payment indirectly or in a nonmonetary form for use of a simulated gambling device.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1302" target="_blank" rel="noopener"><strong>HB 18-1302</strong></a> &#8211; &#8220;Concerning the Allowance of the Department of Public Health and Environment to Waive Certification Requirements for Toxicology Laboratories that have been Accredited by an Entity Using Recognized Forensic Standards,&#8221; by Reps. Joann Ginal &amp; Lois Landgraf and Sen. Vicki Marble. Current law allows the department of public health and environment to waive certain certification requirements for toxicology laboratories that are accredited by the American board of forensic toxicology or the international standards organization. The bill changes the waiver requirement to allow the department to waive certification requirements if the laboratory is accredited by an entity using nationally or internationally recognized forensic standards.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1303" target="_blank" rel="noopener"><strong>HB 18-1303</strong></a> &#8211; &#8220;Concerning Exemption of Nonprofit Youth Sports Organization Coaches from the &#8216;Colorado Employment Security Act,'&#8221; by Reps. Cole Wist &amp; Alec Garnett and Sen. Jack Tate. The bill exempts from the definition of &#8217;employment&#8217; under the &#8216;Colorado Employment Security Act&#8217; nonprofit youth sports organization coaches if there is a written agreement between the coach and the organization that meets certain requirements, including a statement that the coach is an independent contractor.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1313" target="_blank" rel="noopener"><strong>HB 18-1313</strong></a> &#8211; &#8220;Concerning the Allowance of a Pharmacist to Serve as a Practitioner under Certain Circumstances,&#8221; by Reps. Joann Ginal &amp; Jon Becker and Sens. Irene Aguilar &amp; Kevin Priola. The bill clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication under the &#8216;Colorado Medical Assistance Act&#8217; and a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement.</li> <li><strong><a href="https://leg.colorado.gov/bills/hb18-1314" target="_blank" rel="noopener">HB 18-1314</a> </strong>&#8211; &#8220;Concerning Prohibiting the Use of Unmanned Aircraft Systems to Obstruct Public Safety Operations,&#8221; by Reps. Joann Ginal &amp; Polly Lawrence and Sen. John Cooke. The bill states that, as used in the existing criminal offense of obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer, the term &#8216;obstacle&#8217; includes an unmanned aircraft system.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1335" target="_blank" rel="noopener"><strong>HB 18-1335</strong></a> &#8211; &#8220;Concerning the Colorado Child Care Assistance Program, and, in Connection Therewith, Establishing Eligibility Requirements for All Counties and Creating a New Formula to Determine the Amount of Block Grants to Counties,&#8221; by Rep. Dave Young and Sen. Kevin Lundberg. For providers under the Colorado child care assistance program, the bill requires the state department of human services, in consultation with the counties, annually to contract for a market rate study of provider rates for each county.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1342" target="_blank" rel="noopener"><strong>HB 18-1342</strong></a> &#8211; &#8220;Concerning a Requirement that a Common Interest Community Created in Colorado Before July 1, 1992, Comply with a Provision of the &#8216;Colorado Common Interest Ownership Act&#8217; that Allows a Majority of the Unit Owners in a Common Interest Community to Veto a Budget Proposed by the Executive Board of the Common Interest Community,&#8221; by Rep. Jovan Melton and Sen. Nancy Todd. The bill requires a common interest community that predates the Act to allow its unit owners to veto, by majority vote, a budget proposed by the common interest community&#8217;s executive board; except that the bill does not apply to a common interest community that predates the Act if the common interest community&#8217;s declaration sets a maximum assessment amount or provides a limit on the amount that the common interest community&#8217;s annual budget may be increased.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1350" target="_blank" rel="noopener"><strong>HB 18-1350</strong></a> &#8211; &#8220;Concerning the Sales and Use Tax Treatment of Equipment Used to Manufacture New Metal Stock from Scrap or End-of-Life-Cycle Metals, and, in Connection Therewith, Making an Appropriation,&#8221; by Rep. Tracy Kraft-Tharp and Sen. Kevin Priola. Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. Manufacturing is currently defined to include the processing of recovered materials. The bill expands the definition of recovered materials to include materials that have been derived from scrap metal or end-of-life-cycle metals for remanufacturing, reuse, or recycling into new metal stock that meets applicable standards for metal commodities sales.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1363" target="_blank" rel="noopener"><strong>HB 18-1363</strong></a> &#8211; &#8220;Concerning Legislative Recommendations of the Child Support Commission, and, in Connection Therewith, Making an Appropriation,&#8221; by Reps. Jonathan Singer &amp; Lois Landgraf and Sen. Larry Crowder. The bill implements several recommendations from the child support commission.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1373" target="_blank" rel="noopener"><strong>HB 18-1373</strong></a> &#8211; &#8220;Concerning the Use of the State Telecommunications Network by Private Entities Through Public-Private Partnerships, and, in Connection Therewith, Relocating Laws Related to the State Telecommunications Network from the Department of Public Safety&#8217;s Statutes to the Statutes Regarding Telecommunications Coordination within State Government,&#8221; by Reps. Jon Becker &amp; Chris Hansen and Sens. Randy Baumgardner &amp; John Kefalas. The bill authorizes private entities to use the state telecommunications network through public-private partnerships considered, evaluated, and accepted by the chief information officer and relocates laws related to the state telecommunications network from the department of public safety&#8217;s statutes to the statutes regarding telecommunications coordination within state government.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1402" target="_blank" rel="noopener"><strong>HB 18-1402</strong></a> &#8211; &#8220;Concerning Authorization for the State Treasurer to Invest State Money in Investment Grade Securities Issued by Sovereign, National, and Supranational Entities,&#8221; by Reps. Polly Lawrence &amp; Dave Young and Sens. Bob Gardner &amp; Angela Williams. The bill authorizes the state treasurer to invest state money in securities issued by a sovereign, national, or supranational entity that are rated at least investment grade by a nationally recognized rating organization.</li> <li><strong><a href="https://leg.colorado.gov/bills/hb18-1405" target="_blank" rel="noopener">HB 18-1405</a> </strong>&#8211; &#8220;Concerning an Exception from the Mandatory Reporting Requirements for Persons Providing Legal Assistance to Area Agencies on Aging,&#8221; by Rep. Pete Lee and Sen. Bob Gardner. Under current law, staff, and staff of contracted providers, of area agencies on aging are mandatory reporters of the mistreatment of an at-risk elder or an at-risk adult with an intellectual and developmental disability. The bill creates a mandatory reporter exception for attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1410" target="_blank" rel="noopener"><strong>HB 18-1410</strong></a> &#8211; &#8220;Concerning Measures to Address Prison Population Increases,&#8221; by Reps. Pete Lee &amp; Leslie Herod and Sens. Kevin Lundberg &amp; Daniel Kagan. The bill requires the department of corrections to track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below 2% for 30 consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1421" target="_blank" rel="noopener"><strong>HB 18-1421</strong></a> &#8211; &#8220;Concerning the Procurement Process for Major Information Technology Projects Undertaken by State Agencies, and, in Connection Therewith, Making an Appropriation,&#8221; by Rep. Bob Rankin and Sens. Kent Lambert &amp; Jack Tate. The bill requires internal process changes in connection with the procurement process for major information technology (IT) projects as specified.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1422" target="_blank" rel="noopener"><strong>HB 18-1422</strong></a> &#8211; &#8220;Concerning Requirements for Marijuana Testing Facilities,&#8221; by Rep. Matt Gray and Sen. Cheri Jahn. The bill requires medical and retail marijuana testing facilities to be accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard by a body that is itself recognized by the International Laboratory Accreditation Cooperation by January 1, 2019.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1429" target="_blank" rel="noopener"><strong>HB 18-1429</strong></a> &#8211; &#8220;Concerning the Exemption of the Workers&#8217; Compensation Cash Fund from the Maximum Reserve,&#8221; by Rep. Millie Hamner and Sen. Kent Lambert. Prior to July 1, 2017, the workers&#8217; compensation cash fund was exempt from the maximum reserve for a cash fund, which limits the year-end uncommitted reserves in a cash fund to 16.5% of the amount expended from the cash fund during the fiscal year. The bill once again exempts the workers&#8217; compensation cash fund from the maximum reserve.</li> <li><a href="https://leg.colorado.gov/bills/hb18-1437" target="_blank" rel="noopener"><strong>HB 18-1437</strong></a> &#8211; &#8220;Concerning Eliminating the Requirement that a Person who Participates in College-level Academic Programs through the Correctional Education Program in the Department of Corrections must Bear Entirely the Costs Associated with such Programs,&#8221; by Rep. Leslie Herod and Sen. Tim Neville. Under current law, the correctional education program in the department of corrections is required to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. The bill removes this stipulation concerning costs and states instead that such costs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships, or by such persons themselves, or through any combination of such funding.</li> </ul> <p>For a list of the governor&#8217;s 2018 legislative decisions, <a href="https://www.colorado.gov/governor/legislative-actions" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/2x9TkemJHtQ" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/lieutenant-governor-lynne-signs-final-bills-of-2018-legislative-session/feed/ 0 http://cbaclelegalconnection.com/2018/06/lieutenant-governor-lynne-signs-final-bills-of-2018-legislative-session/ 2018-06-15 15:08 +00:00 2018-06-15 09:08 -06:00 http://cbaclelegalconnection.com/?p=39212 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/z49kMN8zQZs/ Case Law Colorado Court of Appeals Colorado Court of Appeals: Announcement Sheet, 6/14/2018 On Thursday, June 14, 2018, the Colorado Court of Appeals issued five published opinions and 36 unpublished opinions. Fri, 15 Jun 2018 15:08:05 Z http://cbaclelegalconnection.com/2018/06/colorado-court-of-appeals-announcement-sheet-6-14-2018/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, June 14, 2018, the Colorado Court of Appeals issued five published opinions and 36 unpublished opinions.</p> <p><a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/14CA1332-PD.pdf" target="_blank" rel="noopener"><em>People v. Thompson</em></a></p> <p><a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/15CA0714-PD.pdf" target="_blank" rel="noopener"><em>People v. Tee</em></a></p> <p><a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/15CA0867-PD.pdf" target="_blank" rel="noopener"><em>People v. Sabell</em></a></p> <p><em><a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0433-PD.pdf" target="_blank" rel="noopener">Hogan v. Board of County Commissioners</a></em></p> <p><em><a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0595-PD.pdf" target="_blank" rel="noopener">City of Lafayette v. Town of Erie Urban Renewal Authority</a></em></p> <p>Summaries of these cases are forthcoming.</p> <p>Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is <a href="https://www.courts.state.co.us/Courts/Court_Of_Appeals/Case_Announcements/Files/2018/18EEBA06-14-18.pdf" target="_blank" rel="noopener noreferrer">available here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/z49kMN8zQZs" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/colorado-court-of-appeals-announcement-sheet-6-14-2018/feed/ 0 http://cbaclelegalconnection.com/2018/06/colorado-court-of-appeals-announcement-sheet-6-14-2018/ 2018-06-15 15:08 +00:00 2018-06-15 09:08 -06:00 http://cbaclelegalconnection.com/?p=39210 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/LvD3OUBElgQ/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 6/14/2018 On Thursday, June 14, 2018, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion. Fri, 15 Jun 2018 15:07:49 Z http://cbaclelegalconnection.com/2018/06/tenth-circuit-unpublished-opinions-6-14-2018/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, June 14, 2018, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion.</p> <p><em><a href="https://www.ca10.uscourts.gov/opinions/18/18-2054.pdf" target="_blank" rel="noopener">Palomarez v. Young</a></em></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/LvD3OUBElgQ" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/tenth-circuit-unpublished-opinions-6-14-2018/feed/ 0 http://cbaclelegalconnection.com/2018/06/tenth-circuit-unpublished-opinions-6-14-2018/ 2018-06-15 15:07 +00:00 2018-06-15 09:07 -06:00 http://cbaclelegalconnection.com/?p=39204 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/OQzlWJrJrv8/ Job Satisfaction career satisfaction career transition economics happiness inspiration job search mental health What is “The Economy” Anyway? Throughout this series, we’ve heard from numerous commentators who believe that conventional economic thinking isn’t keeping pace with the technological revolution, and that polarized ideological posturing is preventing the kind of open-minded discourse we need to reframe our thinking. Thu, 14 Jun 2018 14:56:15 Z http://cbaclelegalconnection.com/2018/06/what-is-the-economy-anyway/#respond Kevin Rhodes <div class="pf-content"><p>Throughout this series, we’ve heard from numerous commentators who believe that conventional economic thinking isn’t keeping pace with the technological revolution, and that polarized ideological posturing is preventing the kind of open-minded discourse we need to reframe our thinking.</p> <p>In this short <a href="https://www.ted.com/talks/bhu_srinivasan_capitalism_isn_t_an_ideology_it_s_an_operating_system?">TED talk</a>, the author<a href="#_edn1" name="_ednref1">[1]</a> of <em>Americana: A Four Hundred Year History of American Capitalism</em> suggests that we unplug the ideological debate and instead adopt a less combative and more digital-friendly metaphor for how we talk about the economy:</p> <blockquote><p>Capitalism . . . is this either celebrated term or condemned term. It&#8217;s either revered or it&#8217;s reviled. And I&#8217;m here to argue that this is because capitalism, in the modern iteration, is largely misunderstood.</p> <p>In my view, capitalism should not be thought of as an ideology, but instead should be thought of as an operating system.</p> <p>When you think about it as an operating system, it devolves the language of ideology away from what traditional defenders of capitalism think.</p></blockquote> <p>The operating system metaphor shifts policy agendas away from ideology and instead invites us to consider the economy as something that needs to be continually updated:</p> <blockquote><p>As you have advances in hardware, you have advances in software. And the operating system needs to keep up. It needs to be patched, it needs to be updated, new releases have to happen. And all of these things have to happen symbiotically. The operating system needs to keep getting more and more advanced to keep up with innovation.</p> <p><a href="http://cbaclelegalconnection.com/2018/06/what-is-the-economy-anyway/braintilt/" rel="attachment wp-att-39205"><img class="size-full wp-image-39205 aligncenter" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/06/brain20tilt.jpg" alt="" width="257" height="200" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/06/brain20tilt.jpg 257w, http://cbaclelegalconnection.com/wp-content/uploads/2018/06/brain20tilt-150x117.jpg 150w" sizes="(max-width: 257px) 100vw, 257px" /></a></p></blockquote> <p>But what if the operating system has gotten too complex for the human mind to comprehend? This <a href="https://aeon.co/essays/is-technology-making-the-world-indecipherable?">recent article</a> from the <a href="https://siliconflatirons.org/">Silicon Flatirons Center at the University of Colorado</a><a href="#_edn2" name="_ednref2">[2]</a> observes that “Human ingenuity has created a world that the mind cannot master,” then asks, “Have we finally reached our limits?” The question telegraphs its answer: In many respects, yes we have. Consider, for example, the air Traffic Alert and Collision Avoidance System (TCAS) that’s responsible for keeping us safe when we fly:</p> <blockquote><p>TCAS alerts pilots to potential hazards, and tells them how to respond by using a series of complicated rules. In fact, this set of rules — developed over decades — is so complex, perhaps only a handful of individuals alive even understand it anymore.</p> <p>While the problem of avoiding collisions is itself a complex question, the system we’ve built to handle this problem has essentially become too complicated for us to understand, and even experts sometimes react with surprise to its behaviour. This escalating complexity points to a larger phenomenon in modern life. When the systems designed to save our lives are hard to grasp, we have reached a technological threshold that bears examining.</p> <p>It’s one thing to recognise that technology continues to grow more complex, making the task of the experts who build and maintain our systems more complicated still, but it’s quite another to recognise that many of these systems are actually <em>no longer completely understandable.</em></p></blockquote> <p>The article cites numerous other impossibly complex systems, including the law:</p> <blockquote><p>Even our legal systems have grown irreconcilably messy. The US Code, itself a kind of technology, is more than 22 million words long and contains more than 80,000 links within it, between one section and another. This vast legal network is profoundly complicated, the functionality of which no person could understand in its entirety.</p></blockquote> <p>In an earlier book<a href="#_edn3" name="_ednref3">[3]</a>, Steven Pinker, author of the recent optimistic bestseller <em>Enlightenment Now</em> (check back a couple posts in this series) suggests that the human brain just isn’t equipped for the complexity required of modern life:</p> <blockquote><p>Maybe philosophical problems are hard not because they are divine or irreducible or workaday science, but because the mind of <em>Homo Sapiens</em> lacks the cognitive equipment to solve them. We are organisms, not angels, and our minds are organs, not pipelines to the truth. Our minds evolved by natural selection to solve problems that were life-and-death matters to our ancestors, not to commune with correctness or to answer any question we are capable of asking.</p></blockquote> <p>In other words, we have our limits.</p> <p>Imagine that.</p> <p>So then… where do we turn for appropriately complex economic thinking? According to “complexity economics,” we turn to the source: the economy itself, understood not by reference to historical theory or newly updated metaphor, but on its own data-rich and machine-intelligent terms.</p> <p><em>We’ll go there next time.</em></p> <hr /> <p><a href="#_ednref1" name="_edn1">[1]</a> According to his <a href="https://www.ted.com/talks/bhu_srinivasan_capitalism_isn_t_an_ideology_it_s_an_operating_system?">TED bio</a>, Bhu Srinivasan “researches the intersection of capitalism and technological progress.”</p> <p><a href="#_ednref2" name="_edn2">[2]</a> <a href="https://aeon.co/users/samarbesman">Samuel Arbesman</a> is the author. <a href="https://siliconflatirons.org/">The Center’s mission</a> is to “propel the future of technology policy and innovation.”</p> <p><a href="#_ednref3" name="_edn3">[3]</a> <em>How The Brain Works,</em> which Pinker wrote in 1997 when he was a professor of psychology and director of The Center for Cognitive Neuroscience at MIT.</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> <em>would create workplace utopia if he could. But since he doesn’t trust himself to do that, he writes this blog instead. Thanks for reading!</em></p> </div> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/OQzlWJrJrv8" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/what-is-the-economy-anyway/feed/ 0 http://cbaclelegalconnection.com/2018/06/what-is-the-economy-anyway/ 2018-06-14 14:56 +00:00 2018-06-14 08:56 -06:00 http://cbaclelegalconnection.com/?p=39187 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/Q7-0-7-FGDw/ Case Law admissibility Colorado Supreme Court criminal law criminal procedure Miranda Colorado Supreme Court: Defendant’s Statements Admissible Under Two-Part Seibert Test The Colorado Supreme Court issued its opinion in <em>Verigan v. People</em> on Monday, June 11, 2018. Thu, 14 Jun 2018 14:50:53 Z http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-defendants-statements-admissible-under-two-part-seibert-test/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Supreme Court issued its opinion in <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2015/15SC931.pdf" target="_blank" rel="noopener"><em>Verigan v. People</em></a> on Monday, June 11, 2018.</p> <blockquote><p><em>Suppression of Statements—Two-Step Interrogation—Plurality Supreme Court Opinions—</em>Miranda <em>Warnings.</em></p> <p>This case required the supreme court to decide (1) whether the U.S. Supreme Court’s fractured opinion in <em>Missouri v. Seibert</em>, 542 U.S. 600 (2004), created a precedential rule that could be applied to future cases, and (2) whether statements made by petitioner after she was given <em>Miranda</em> warnings should be suppressed because the statements were made after petitioner provided unwarned, incriminating statements to the police.</p> <p>The court concluded that Justice Kennedy’s concurring opinion in <em>Seibert</em>, which created an exception to the framework established in <em>Oregon v. Elstad</em>, 470 U.S. 298 (1985), for cases involving a deliberate two-step interrogation aimed at undermining the efficiency of the <em>Miranda</em> warning, is the controlling precedent to be applied. Applying Justice Kennedy’s test here, the court concluded that the officers in this case did not engage in a two-step interrogation in a deliberate attempt to undermine the effectiveness of <em>Miranda </em>warnings provided to petitioner. Therefore, the court concluded that the <em>Elstad</em> framework applies, and because petitioner’s pre- and post-warning statements were indisputably voluntary, the court concluded that the division correctly determined that petitioner’s post-warning statements were admissible.</p> <p>Accordingly, the court affirmed the court of appeals division’s judgment.</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/Q7-0-7-FGDw" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-defendants-statements-admissible-under-two-part-seibert-test/feed/ 0 http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-defendants-statements-admissible-under-two-part-seibert-test/ 2018-06-14 14:50 +00:00 2018-06-14 08:50 -06:00 http://cbaclelegalconnection.com/?p=39185 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/UbvL-s_VVvg/ Case Law ADR arbitration agreement Colorado Supreme Court elder law health law litigation nursing home litigation Colorado Supreme Court: Arbitration Agreement Need Only Substantially Comply with Statutory Notice Requirements The Colorado Supreme Court issued its opinion in <em>Colorow Health Care, LLC v. Fischer</em> on Monday, June 11, 2018. Thu, 14 Jun 2018 14:50:31 Z http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-arbitration-agreement-need-only-substantially-comply-with-statutory-notice-requirements/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Supreme Court issued its opinion in <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2016/16SC814.pdf" target="_blank" rel="noopener"><em>Colorow Health Care, LLC v. Fischer</em></a> on Monday, June 11, 2018.</p> <blockquote><p><em>Health Care Availability Act—Statutory Construction—Alternative Dispute Resolution.</em></p> <p>C.R.S. § 13-64-403 of the Health Care Availability Act governs arbitration agreements between patients and healthcare providers. Under C.R.S. § 13-64-403(4), such agreements must contain a certain notice to patients to help ensure that they enter the agreements voluntarily, and the notice must be emphasized by at least 10-point font and bold-faced type. The agreement here contained the notice in 12-point font, but it was not bold-faced. The court of appeals determined the statute requires strict compliance and that the agreement therefore failed for lack of bold-faced type.</p> <p>The supreme court held that C.R.S. § 13-64-403 requires only substantial compliance. The court further concluded the agreement here substantially complied with the formatting requirements of C.R.S. § 13-64-403, notwithstanding its lack of bold-faced type. Accordingly, the court reversed the court of appeals’ judgment and remanded the case for further proceedings consistent with the opinion.</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/UbvL-s_VVvg" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-arbitration-agreement-need-only-substantially-comply-with-statutory-notice-requirements/feed/ 0 http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-arbitration-agreement-need-only-substantially-comply-with-statutory-notice-requirements/ 2018-06-14 14:50 +00:00 2018-06-14 08:50 -06:00 http://cbaclelegalconnection.com/?p=39183 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/r0gOC2mPqbs/ Case Law civil forfeiture Colorado Supreme Court criminal law indigent public defender Colorado Supreme Court: Public Defender Lacks Statutory Authority to Represent Defendant in Civil Forfeiture Action The Colorado Supreme Court issued its opinion in <em>In re People v. Shank</em> on Monday, June 11, 2018. Thu, 14 Jun 2018 14:50:11 Z http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-public-defender-lacks-statutory-authority-to-represent-defendant-in-civil-forfeiture-action/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Supreme Court issued its opinion in <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2017/17Sa113.pdf" target="_blank" rel="noopener"><em>In re People v. Shank</em></a> on Monday, June 11, 2018.</p> <blockquote><p><em>Public Defender Representation—Statutory Interpretation.</em></p> <p>In this case, the supreme court determined whether the Office of the State Public Defender has statutory authority to represent an indigent defendant in a civil forfeiture matter. Reviewing the plain language of the relevant statutes, the court concluded that the Office of the State Public Defender was not statutorily authorized to enter its appearance in the underlying civil forfeiture matter.</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/r0gOC2mPqbs" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-public-defender-lacks-statutory-authority-to-represent-defendant-in-civil-forfeiture-action/feed/ 0 http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-public-defender-lacks-statutory-authority-to-represent-defendant-in-civil-forfeiture-action/ 2018-06-14 14:50 +00:00 2018-06-14 08:50 -06:00 http://cbaclelegalconnection.com/?p=39201 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/jQApR9b2CM0/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 6/13/2018 On Wednesday, June 13, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions. Thu, 14 Jun 2018 14:49:38 Z http://cbaclelegalconnection.com/2018/06/tenth-circuit-unpublished-opinions-6-13-2018/#respond Susan Hoyt <div class="pf-content"><p>On Wednesday, June 13, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.</p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-1367.pdf" target="_blank" rel="noopener"><em>Carns v. McNally</em></a></p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-2178.pdf" target="_blank" rel="noopener"><em>Amaro v. State of New Mexico</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/jQApR9b2CM0" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/tenth-circuit-unpublished-opinions-6-13-2018/feed/ 0 http://cbaclelegalconnection.com/2018/06/tenth-circuit-unpublished-opinions-6-13-2018/ 2018-06-14 14:49 +00:00 2018-06-14 08:49 -06:00 http://cbaclelegalconnection.com/?p=39189 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/5pFQbBnYlEM/ Case Law assignment business law civil conspiracy Colorado Supreme Court contract law fraud real estate law transactional law Colorado Supreme Court: No Fraud Where Assignment Clause Made Clear that Buyers Could Assign Interests The Colorado Supreme Court issued its opinion in <em>Rocky Mountain Exploration, Inc. v. Davis, Graham &#038; Stubbs, LLP</em> on Monday, June 11, 2018. Wed, 13 Jun 2018 15:14:10 Z http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-no-fraud-where-assignment-clause-made-clear-that-buyers-could-assign-interests/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Supreme Court issued its opinion in <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2016/16SC305.pdf" target="_blank" rel="noopener"><em>Rocky Mountain Exploration, Inc. v. Davis, Graham &amp; Stubbs, LLP</em></a> on Monday, June 11, 2018.</p> <blockquote><p><em>Undisclosed Principals—Fraud—Breach of Fiduciary Duty—</em>Restatement (Third) of Agency<em>.</em></p> <p>This case arose out of a sale of oil and gas assets by petitioners to a buyer who was acting as an agent for a third company. The third company was represented by respondents, but due to a prior, contentious business relationship between petitioners and the third company, neither the buyer, the third company, nor respondents disclosed to petitioners that the buyer was acting on behalf of the third company in the sale.</p> <p>After the sale was complete, petitioners learned of the third company’s involvement and sued respondents, among others, for breach of fiduciary duty, fraud, and civil conspiracy. The district court ultimately granted summary judgment for respondents, and a division of the court of appeals affirmed.</p> <p>The supreme court here decided whether (1) petitioners could avoid their sale agreement for fraud when the buyer and respondents purportedly created the false impression that the buyer was not acting on behalf of the third company; (2) an assignment clause in the transaction documents sufficiently notified petitioners that the buyer was acting on behalf of others, such that the third company would not be considered an undisclosed principal under the <em>Restatement</em> provision on which petitioners’ contract avoidance argument is exclusively premised; (3) petitioners stated a viable claim for fraud against respondents; and (4) prior agreements between petitioners and the third company negated any joint venture relationship or fiduciary obligations between them.</p> <p>The court first concluded that the assignment clause in the pertinent transaction documents made clear that the buyer had partners in the transaction to whom it could assign a portion of its interests. As a result, the third company was not an undisclosed principal under the <em>Restatement</em> provision on which petitioners’ rely, and petitioners’ contract avoidance argument and the civil conspiracy claim that flows from it fail as a matter of law. The court further concluded that, even if the <em>Restatement</em> provision did apply, the record did not support a finding that either the buyer or respondents created a false impression that the buyer was not acting on behalf of an undisclosed principal. For this reason as well, petitioners’ civil conspiracy claim failed as a matter of law.</p> <p>The court next concluded that, as a matter of law, petitioners did not demonstrate the requisite false representation or reasonable reliance to support a viable claim for fraud against respondents.</p> <p>Finally, the court concluded that the controlling agreements between petitioners and the third company expressly disavowed any pre-existing joint ventures and fiduciary obligations between the parties, and therefore the district court properly granted summary judgment for respondents on petitioners’ claim for aiding and abetting a breach of fiduciary duty.</p> <p>Accordingly, the court affirmed the court of appeals division’s judgment.</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/~4/5pFQbBnYlEM" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-no-fraud-where-assignment-clause-made-clear-that-buyers-could-assign-interests/feed/ 0 http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-no-fraud-where-assignment-clause-made-clear-that-buyers-could-assign-interests/ 2018-06-13 15:14 +00:00 2018-06-13 09:14 -06:00 http://cbaclelegalconnection.com/?p=39191 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/xG7ezmn9uoo/ Case Law Colorado Supreme Court constitutional law court records criminal justice criminal law open records sealed records Colorado Supreme Court: No Error in Court’s Refusal to Release Sealed Records to Newspaper The Colorado Supreme Court issued its opinion in <em>In re People v. Owens</em> on Monday, June 11, 2018. Wed, 13 Jun 2018 15:13:49 Z http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-no-error-in-courts-refusal-to-release-sealed-records-to-newspaper/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Supreme Court issued its opinion in <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2018/18SA19.pdf" target="_blank" rel="noopener"><em>In re People v. Owens</em></a> on Monday, June 11, 2018.</p> <blockquote><p><em>Constitutional Law — Public Access to Court Records.</em></p> <p>In this original proceeding, the supreme court considered and rejected a news organization’s contention that a trial court erred in refusing to grant public access to certain records maintained under seal in a capital murder case. The court emphasized that, while presumptive access to judicial proceedings is a right recognized under both the state and federal constitutions, neither the U.S. Supreme Court nor the Colorado Supreme Court has ever held that records filed with a court are treated the same way. The court thus declined the invitation to hold that unfettered access to criminal justice records is guaranteed by either the First Amendment or Article II, section 10 of the Colorado Constitution.</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/xG7ezmn9uoo" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-no-error-in-courts-refusal-to-release-sealed-records-to-newspaper/feed/ 0 http://cbaclelegalconnection.com/2018/06/colorado-supreme-court-no-error-in-courts-refusal-to-release-sealed-records-to-newspaper/ 2018-06-13 15:13 +00:00 2018-06-13 09:13 -06:00