55 results for 'judge:"Brimmer"'.
J. Brimmer allows plaintiff to continue pro se claims disputing a laboratory's methods for collecting DNA related to a paternity test because the lab was not entitled to absolute immunity since it failed to cite precedent in which a court had granted absolute immunity to a medical laboratory or a doctor that had performed such a test.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 27, 2024, Case #: 1:23cv2077, NOS: Other Contract - Contract, Categories: Immunity, Negligence, Contract
J. Brimmer vacates summary judgment favoring the state after a company sought an injunction against the state's ability to compel it to create custom websites celebrating or depicting same-sex weddings because the first amendment prohibits Colorado from enforcing the accommodation clause of Colorado’s Anti -Discrimination Act.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 26, 2024, Case #: 1:16cv2372, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Brimmer allows an environmental group to continue claims alleging infringement of U.S. Patent Nos. 10,907,848 and 10,072,863 because microprocessor controller components were concrete and sufficiently specific.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 26, 2024, Case #: 1:21cv2235, NOS: Patent - Property Rights, Categories: Patent
J. Brimmer grants the insurer summary judgment on the homeowner's complaint alleging the foundation of his home was damaged by a water leak and he was due insurance coverage. Engineering reports concluded that the damage to the insured's house was caused by movement of the earth, which was excluded from coverage under the terms of his policy.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 20, 2024, Case #: 1:22cv2906, NOS: Insurance - Contract, Categories: Insurance
J. Brimmer allows claims of race and origin discrimination to proceed in the Hispanic parking manager's complaint alleging that he was placed on leave for complaining of a pay disparity and after he allegedly recorded workplace conversations. White co-workers were not fired for the same infraction, and a white man with a lower education level was hired to replace him at a significantly higher pay rate.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 15, 2024, Case #: 1:23cv409, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Brimmer denies a company's motion to exclude expert testimony in a dispute over a sales contract because the expert's scope of knowledge included hiring, training, development, and managing sales associates.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 15, 2024, Case #: 1:22cv763, NOS: Other Contract - Contract, Categories: Employment, Experts, Contract
J. Brimmer denies bad faith claims contending a homeowner did not receive full coverage for repairs for fire damage because the homeowner failed to provide factual information supporting claims that State Farm used "inexperienced and biased adjusters to obtain a result-oriented report."
Court: USDC Colorado, Judge: Brimmer, Filed On: March 1, 2024, Case #: 1:22cv1221, NOS: Other Contract - Contract, Categories: Insurance
J. Brimmer declines to find that an oil company's indemnification agreement with a gas drilling company was void in claims brought against the gas company after a subcontractor was "severely burned and shocked" upon connecting wires at a work site, as the master service contract does not constitute a construction agreement. The oil company's request for a declaratory judgment was not premature since the court would not make findings concerning the subcontractor's state negligence claims.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 27, 2024, Case #: 1:23cv139, NOS: Other Contract - Contract, Categories: Negligence, Indemnification, Contract
J. Brimmer allows a high school army instructor to continue claims contending he faced racial discrimination as a Black employee because discrimination may have occurred when staff members said things such as "here comes the pimp" when he entered the room and when he was made to wear his uniform even though white instructors wore whatever they wanted. However, retaliation claims should be dismissed because the army instructor failed to demonstrate the initial equal employment charge was causally connected to adverse employment actions.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 26, 2024, Case #: 1:23cv137, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Brimmer grants the county immunity in a mother's claims contending her child had been removed from her care after she was wrongly accused of engaging in a domestic violence altercation with her wife, a child caseworker, and falsely accused of attempting suicide, because the county had qualified immunity in the case.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 21, 2024, Case #: 1:23cv224, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Immunity
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. 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