Denver, Colorado - Civil Rights, Personal Injury, Lawyers

This appeal grew out of Officer Shawn Miller�s handcuffing of Mr.
Kenneth Zartner during an arrest. In the aftermath, Mr. Zartner sued
Officer Miller under 42 U.S.C. � 1983, claiming excessive force by making
the handcuffs too tight.1 Officer Miller moved for summary judgment based
on qualified immunity, and the... More...    $0 (01-09-2019 - CO)

Denver, CO: Family Law, Lawyers

This case arises from plaintiff Gilbert T. Tso�s dissatisfaction with the
child-support obligation established in his Illinois divorce from his ex-wife, Rebecca
Murray, and with the procedures used to establish and enforce that obligation. After
Murray obtained an Illinois court order requiring Tso to pay ongoing child support
and arrearag... More...    $0 (01-09-2019 - CO)

Denver, Colorado, personal injury lawyers

Plaintiff-Appellant Heshimo Yaphet Carr filed an action pursuant to 42
U.S.C. � 1983 alleging that Defendants-Appellees Thomas Zwally1 and El Paso
County, Colorado violated multiple constitutional rights by discarding personal
* After examining the briefs and appellate record, this panel has
determined unanimously that oral argum... More...    $0 (01-08-2019 - CO)

Denver, Colorado criminal defense lawyer - After Joshua Sedillo pleaded guilty to two counts of distributing
methamphetamine, the district court sentenced him to 140 months in prison, followed by
a five-year term of supervised release with alternative conditions: either marry the mother
of his children or establish an account to pay child support. Sedillo now appeals, arguing
that ... More...    $0 (11-29-2018 - CO)

Plaintiffs 303 Creative LLC and Lorie Smith sued various Colorado officials
(collectively, the state) to preempt them from enforcing certain parts of the Colorado
Anti-Discrimination Act (CADA), Colo. Rev. Stat. § 24-34-601. The plaintiffs say
the CADA interferes with their plan to design wedding websites for opposite-sex—
but not same-sex—couples. Although there are some pertinent... More...    $0 (08-14-2018 - CO)

Simone Mielnicki sued her former employer, Wal-Mart Stores, Inc. (Walmart),
under the Americans with Disabilities Act (ADA) and the Colorado
Anti-Discrimination Act for discrimination on the basis of disability and under the
Colorado Wage Claim Act for unpaid compensation. She appeals the district court’s
grant of summary judgment in favor of Walmart on her ADA claim. ExercisingMore...    $0 (06-20-2018 - CO)

Plaintiff Mia M. Shields appeals the dismissal by the United States District Court
for the District of Colorado of her third amended complaint (the Complaint), which
alleged that her former employer, the United States Postal Service (Defendant), had
violated the Equal Pay Act (EPA), 29 U.S.C. § 206.1 Defendant had moved to dismiss on
the ground that the claim was barred by the EPA ... More...    $0 (06-30-2018 - CO)

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...    $0 (06-05-2018 - CO)

Plaintiff-Appellant Willie Harrington sued Defendant-Appellee Ozark Waffles,
L.L.C. (“Ozark”) in state court alleging employment discrimination. Construing the
claim as based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.,
Ozark removed the case to federal district court. Based on Mr. Harrington’s failure to
prosecute, the district court dismissed the case... More...    $0 (05-29-2018 - CO)

Defendant Dameion Higley filed a motion for relief under 28 U.S.C. § 2255 in
the United States District Court for the District of Colorado. He argued that his
conviction for using a firearm in relation to a crime of violence should be vacated
because armed bank robbery is not a crime of violence under 18 U.S.C. § 924(c).
The district court denied the motion as untimely or alternati... More...    $0 (03-10-2018 - CO)

Defendant-Appellant Cristina Portillos was convicted of conspiracy to file
false claims for a refund, 18 U.S.C. § 286 (Count 1), and aiding and abetting the
filing of false claims for refunds, 18 U.S.C. §§ 2(a), 287 (Counts 17 and 30). She
was sentenced to 21 months on each count, to run concurrently, as well as three
years’ supervised release on each count, also to run concurrentl... More...    $0 (11-20-2017 - CO)

James Ware Kelley, III, appeals a Bankruptcy Appellate Panel (BAP) order,
which affirmed the bankruptcy court’s denial of successive motions to vacate and
reconsider the entry of default judgment. Exercising jurisdiction under 28 U.S.C.
§ 158(d)(1), we affirm.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not m... More...    $0 (08-09-2017 - CO)

Defendant Keith Schwartz operated a pain-management clinic that prescribed
opioids outside the usual course of medical practice. For his role in that operation, a
jury convicted Schwartz of various counts related to unlawful drug distribution and
money laundering, and the district court imposed a fifteen-year prison sentence.
Schwartz attacks both his convictions and sentence. He a... More...    $0 (07-31-2017 - CO)

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...    $0 (06-06-2017 - CO)

Shung H. Chan appeals the district court’s order dismissing his lawsuit against
the Commissioner of Internal Revenue. We affirm.
I. Background
Chan sued the Commissioner seeking a refund of his 2008 income taxes. The
Commissioner moved to dismiss, arguing the district court lacked subject matter
* After examining the briefs and appellate record, this panel has determined
un... More...    $0 (05-30-2017 - CO)

Allan Schubert pled guilty to possessing a firearm in violation of 18 U.S.C.
§ 922(g)(1). The district court concluded Mr. Schubert was subject to the Armed
Career Criminal Act (“ACCA”) and imposed the statutory minimum sentence of 15
years (180 months). See 18 U.S.C. § 924(e).
Mr. Schubert now appeals his sentence. He argues he is not subject to the
ACCA because he does not ha... More...    $0 (05-30-2017 - CO)

Angelo Montoya and his cousin were charged by grand jury indictment with
extreme indifference murder in the shooting death of a young woman at a party.1 The
two were tried together, and although both were acquitted of the charged offense of
extreme indifference murder, they were each convicted of attempted extreme
indifference murder, reckless manslaughter, criminally negligen... More...    $0 (05-15-2017 - CO)

John Earley, Jr. was the named insured on an aircraft insurance contract (the
Policy) with U.S. Specialty Insurance Company (U.S. Specialty). Earley and Michael
Schlarb died during an instructional flight when an aircraft listed in the Policy crashed
shortly after takeoff. U.S. Specialty sought a declaratory judgment that the Policy doesn’t
cover any potential claims arising from t... More...    $0 (03-05-2017 - CO)

After water damaged a building it was renovating, Gerald H. Phipps, Inc.,
d/b/a GH Phipps Construction Company, (“GHP”) sought coverage under its
builders’ risk insurance policy. GHP’s insurer, Travelers Property Casualty Company
of America (“Travelers”), denied the claim, and GHP sued for breach of contract,
common law bad faith, and statutory bad faith. GHP also sought a declarat... More...    $0 (02-17-2017 - CO)

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin... More...    $0 (05-24-2016 - CO)

After pleading guilty to bank robbery, gun, and other federal charges, Jose
Perez-Carrera unsuccessfully pursued many different collateral challenges to his
sentence over the course of many years. All these efforts took place in the First
Circuit where his plea was received. See Perez-Carrera v. United States, No. 12
1716, 2014 WL 68794 (D.P.R. Jan. 8, 2014) (summarizing the proc... More...    $0 (10-12-2015 - CO)

Ms. Suzanne Shell sued Mr. Leonard Henderson and Ms. Brenda
Swallow for copyright infringement, unfair trade practices,
misappropriation of trade secrets, and breach of contract. Neither Mr.
Henderson nor Ms. Swallow appeared on the date set for trial. Thus, the
district court declined to proceed with the trial. Instead, the court
conducted a hearing under Fed. R. Civ. P. ... More...    $0 (08-08-2015 - CO)

Denver, CO - Tenth Circuit holds that insurance company had no duty to defend of indemnify its insured

Plaintiff-Appellee Landmark American Insurance Company brought this
declaratory judgment action seeking a determination that it had no duty to defend
or indemnify its insured, Defendant-Appellant VO Remarketing Corp (VO), in a
lawsuit brought in Colorado state court. The dist... More...    $0 (07-30-2015 - CO)

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...    $0 (07-29-2015 - CO)