In Summit County yesterday, a snowplow accident on Interstate 70 blocked westbound traffic near milepost 195. The snowplow reportedly tipped over on the median near Copper Mountain. After both westbound lanes of the highway were shut down to clear the accident, traffic was backed up six miles for a couple of hours.
New York State Supreme Court Justice Doris Ling-Cohan ruled that a woman whose daughter sustained a traumatic brain injury at a city-licensed daycare center (First Steps) in 2000 could sue New York City. The woman researched several daycare centers before allowing her daughter to be put under the care of First Steps Daycare Center. Her criteria called for a "licensed, investigated,...
A 17-month-old girl was found unconscious and not breathing at a home day care center in Aurora on Tuesday, December 12th. She was later pronounced dead after she was taken by ambulance to The Children's Hospital. According to family members, the girl was not ill and did not have any special medical conditions. Both a neighbor and the husband of the day-care provider attempted to give the...
Last week in Colorado Springs, a crane collapsed over I-25 for the third time since a fatal accident in April. Fortunately no one was injured in this crane accident that dropped a girder onto the open highway and closed the I-25 for many hours. This has been the third accident since the $150 million COSMIX construction project began. An April crane collapse killed a worker. Many are wondering...
An employer can use objective criteria or subjective criteria to determine whom to employ or promote or terminate. An employee's failure to meet the objective criteria generally terminates claims of discrimination and can result in summary dismissal of the plaintiff's claims. However, the failure to meet subjective criteria is generally not fatal to the plaintiff's claims. In such a case, the...
In Hollern v. Wachovia Sec., Inc., No. 05-1253, 05-1300 (10th Cir. August 17, 2006), the 10th Circuit reversed a district court's order setting aside an award of attorney fees entered in an arbitration. The Court held that the arbitrators did not act wrongfully in making this award. Arbitration has taken the place of traditional trials, and it can provide swift relief or it can create...
Title VII prohibits discrimination based on national origin. It also prohibits discrimination against a person because they associate with persons of a different national origin, whether by marriage or other social relationship, by involvement in organizations identified with a particular national origin, or by having a name associated with a particular group. If you have questions about...
Title VII forbids the maintenance of a hostile workplace. However, Title VII is not a general civility code. It does not forbid the normal kinds of interactions between employees, which may be angry, rude or downright offensive. Rather, a hostile workplace occurs when prohibited matters are so severe or pervasive as to affect the terms and conditions of a person's employment. If you have...
The United States Equal Employment Opportunity Commission, known as the EEOC, has the responsibility to enforce most of the anti-discrimination laws of the United States? This includes Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), In Colorado, the EEOC shares responsibility for enforcement with the Colorado Civil Rights Division, an agency...
According to newratings.com, Merrill Lynch agreed to a settlement in which it will pay $29.5 million to Enron in order to resolve allegations of fraud. Enron has settled lawsuits against many financial institutions including Merrill Lynch, Lehman Brothers Holdings, CIBC and Credit Suisse after accusing them of involvement in Enron's accounting scandal.
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