298 results for 'court:"USDC Colorado"'.
J. Sweeney partially denies a motion to strike expert opinions in a construction defects suit. The expert can testify about the relevant insurance industry standards concerning an insurer's duty to investigate claims and whether QBE Insurance's conduct was consistent with industry standards. However, he may not testify as to whether QBE's conclusions were unreasonable.
Court: USDC Colorado, Judge: Sweeney, Filed On: February 9, 2024, Case #: 1:21cv2520, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Brimmer denies the Colorado Republican Party an injunction in claims challenging the constitutionality of Proposition 108, which allows
voters not affiliated with a political party to vote in nonpresidential primary elections, because the party failed to demonstrate the proposition imposes a severe burden on all political parties or that a party’s nominee would be “determined by adherents of an opposing party.”
Court: USDC Colorado, Judge: Brimmer, Filed On: February 2, 2024, Case #: 1:23cv1948, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections
J. Moore allows plaintiff to continue claims contending the insurer failed to cover claims stemming from hail damage because issues of material fact remain as to whether the insurer violated the terms of its contract when appraisers allegedly concealed material facts about their interests in the damaged property.
Court: USDC Colorado, Judge: Moore, Filed On: February 2, 2024, Case #: 1:17cv949, NOS: Insurance - Contract, Categories: Insurance
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J. Arguello allows a tenant to continue claims contending a maintenance worker stalked and harassed her, illegally entered her apartment, and raped her. The public housing authority did not have immunity and may have been vicariously liable for failing to monitor or fire the maintenance worker prior to the assault.
Court: USDC Colorado, Judge: Arguello, Filed On: January 31, 2024, Case #: 1:23cv1019, NOS: Housing/Accommodations - Civil Rights, Categories: Tort, Immunity, Housing
J. Arguello denies an insurer summary judgment in claims seeking coverage for home damage caused by a burst water pipe because the insurer failed to get information about the insured's plumbing and appliances before denying coverage based on alleged noncooperation.
Court: USDC Colorado, Judge: Arguello, Filed On: January 24, 2024, Case #: 1:21cv3232, NOS: Insurance - Contract, Categories: Insurance
J. Sweeney finds that the insurer may amend its complaint to assert crossclaims that the company filed against subcontractors in a suit over construction defects. The insurer could not have filed its motion prior to finalizing a settlement agreement because it would not have been the real party in interest at that time.
Court: USDC Colorado, Judge: Sweeney, Filed On: January 18, 2024, Case #: 1:21cv2520, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Brimmer dismisses claims contending a competing manufacturer of golf products infringed U.S. Patent Nos. 10,695,641 and 11,344,783, which concern golf training aids, because the competitor had already released a similar product into the stream of commerce.
Court: USDC Colorado, Judge: Brimmer, Filed On: January 11, 2024, Case #: 1:22cv2621, NOS: Patent - Property Rights, Categories: Patent
J. Brimmer finds that a competitor did not infringe a muscle recovery massage tool, Design Patent No. D928,336, because the overall design of the competitor's product was distinct from the ’336 patent and would not deceive consumers into believing they were buying the same massage tool.
Court: USDC Colorado, Judge: Brimmer, Filed On: January 10, 2024, Case #: 1:21cv775, NOS: Patent - Property Rights, Categories: Patent
J. Blackburn grants an insurer's motion to quash the discovery request made when plaintiff disputed compensation following a car collision because the unduly burdensome request sought complete copies of the doctor's 10 most recent narrative reports following medical examinations, as well as income earned from performing exams, including IRS verification.
Court: USDC Colorado, Judge: Blackburn, Filed On: January 9, 2024, Case #: 1:22cv2717, NOS: Other Contract - Contract, Categories: Insurance, Discovery
J. Wang grants homeowners partial summary judgment in claims seeking coverage for residential hail damage because the roof required total replacement since the current tiles were no longer being manufactured, and partial replacement would not provide a good cosmetic match.
Court: USDC Colorado, Judge: Wang, Filed On: January 8, 2024, Case #: 1:20cv3650, NOS: Insurance - Contract, Categories: Insurance
J. Wang dismissed claims brought against a school district after a part-time guest speaker for an after-school organization suggested that students who were not comfortable in their bodies were transgender and offered prizes to students who declared themselves as being such, while pressuring those who would not do so, because the concerned parties had not alleged their minor children were in the school district.
Court: USDC Colorado, Judge: Wang, Filed On: December 19, 2023, Case #: 1:23cv1117, NOS: Education - Civil Rights, Categories: Civil Rights, Education