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In its recent per curiam decision in Taylor v. Riojas, 592 U.S. ____, 208 L. Ed. 2d 164 (2020), the Supreme Court reversed a Fifth Circuit’s decision to grant qualified immunity to corrections officers who allegedly confined the plaintiff in unsanitary conditions for six days. This decision is a rare Supreme Court reversal of a […]

Mike Brooks was part of a team who obtained a defense verdict in a product-liability case involving the 3M 8710 respirator, after a three week in-person trial in Washington State. The trial team included Byron Miller of Thompson Miller & Simpson, Angela Beranek Brandt of Larson King, and Nancy M. Erfle of Gordon & Rees, LLP. […]

Kathryn Starnella on a Presentation Spree

Last week, Kathryn Starnella participated in three presentations. The topics included Title VII, religious rights, qualified immunity, and trending claims and litigation strategies. On September 24, Kathryn served as a panelist for Faculty for Federal Advocate’s presentation, “Qualified Immunity in a Post-George Floyd Era.” Her co-panelists for the presentation were Honorable Juan Villaseñor, District Court […]

Mark Neider recently published an article in the CLM Construction Fall Edition regarding avoiding gas explosions on construction sites.  Mark’s article is available here: https://online.pubhtml5.com/adfn/ntsu/#p=6.

The U.S. Supreme Court’s ruling in Little Sisters of the Poor v. Pennsylvania, et al. (19-431) is a victory for employers with religious or moral objections to the Affordable Care Act’s contraception coverage mandate. On its face, this decision extends protections the Court afforded employers in Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 […]

As employers are well aware, Title VII of the Civil Rights Act of 1964, as amended by Congress in 1991, prohibits them from failing or refusing to hire or from discharging any individual, or otherwise from discriminating against an individual “because of” that individual’s sex, even if other factors in addition to sex motivated the […]

Congratulations to Kathryn Starnella!

On July 31, 2020, Kathryn Starnella was sworn in as a new member of the Board of Directors for the National Conference of Women’s Bar Associations (NCWBA). Kathryn will serve a two-year term. The NCWBA is comprised of women’s bar associations from across the country and Canada and represents about 35,000 women lawyers. It serves […]

The Colorado Legislature recently passed the Healthy Families and Workplaces Act, which was signed into law on July 14, 2020.  See C.R.S. § 8-13.3-403.  The new law requires Colorado employers with more than 16 employees to provide 48 hours of paid sick leave to exempt and non-exempt employees beginning on January 1, 2021.  The law […]

Winnebago Case Update

For those manufacturers and sellers interested in enforcing the terms of a product warranty, the Tenth Circuit Court of Appeals provided good authority for enforcement of precise terms prior to filing any suit. The Court also recognized clearly the distinction between Winnebago, the manufacturer, and its dealers. In Platt v. Winnebago Industries, the Court affirmed […]

Remote Trials in the Age of Covid-19

Adam O’Brien and William Healy recently completed a virtual bench trial on behalf of clients involved in a commercial property dispute and quiet title action in Pitkin County Colorado State Court. The entire trial was conducted over WebEx, including presentation of witnesses, admission of exhibits, and arguments to the Court. Adam O’Brien’s practice focuses on […]

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