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   State Courts - Colorado - February 15, 2001

  
Atmel Corp. v. Vitesse Semiconductor Corp., Court of Appeals No. 98CA0586, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 15, 2001, Decided
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Overview: Injunction based on employees' non-solicitation clause was reversed to the extent it prohibited employees from participating in new employer's hiring process involving former employer's workers who initiated contact.

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Awanderlust Travel, Inc. v. Kochevar, Court of Appeals No. 99CA1926, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 15, 2001, Decided
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Overview: Defendants were entitled to prove counterclaims, not for purposes of affirmative recovery, but as an affirmative defense of setoff. Trial court erred in ruling that they were limited to a defense of setoff for payments only.

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Cissell Mfg. Co. v. Park, Court of Appeals No. 99CA1581, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 15, 2001, Decided
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Overview: Defendant could not show effective revocation of goods where there was no nonconformity. Jury specifically found the goods were as warranted, suitable, and merchantable, thus there was no nonconformity.

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Davis v. Paolino, Court of Appeals No. 00CA1322, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 15, 2001, Decided
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Overview: Inmate's complaint, seeking compensation for injuries, against corrections department was properly dismissed on sovereign immunity grounds, and plaintiff failed establish the necessity of an evidentiary hearing.

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E-470 Pub. Highway Auth. v. Jagow, Court of Appeals No. 99CA1728, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 15, 2001, Decided
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Overview: In a condemnation action, the decision of the trial court was affirmed on the findings that respondents had not dedicated part of their land for a highway. It was reversed on the amount of the damage award for the residue property.

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Koscove v. Bolte, Court of Appeals No. 98CA1099, COURT OF APPEALS OF COLORADO, DIVISION A, February 15, 2001, Decided
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Overview: Where defendant was not licensed to practice law in the relevant state, plaintiff was able to recover amounts paid to defendant for legal services.

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People v. Ball, Court of Appeals No. 98CA1904, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 15, 2001, Decided
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Overview: Appellant's conviction for first degree burglary was vacated and remanded to juvenile court. The lower court lacked the jurisdiction to hear the case, since he had not been charged with a crime that permitted the lower court to hear the case.

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People v. Ellis, Court of Appeals No. 98CA2614, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 15, 2001, Decided
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Overview: The evidence was sufficient to uphold the convictions because the act of shooting at a door with knowledge that 35 people were inside the room was sufficient to show universal malice and conduct that created a grave risk of death to others.

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People v. Gordon, Court of Appeals No. 99CA0419, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 15, 2001, Decided
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Overview: First degree murder verdict affirmed. Aiding suicide statute applied only to individuals who furnished others with means of committing suicide, and not to those who, like defendant, actively participated in causing death of suicidal persons.

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People v. Jurado, Court of Appeals No. 99CA0851, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 15, 2001, Decided
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Overview: Jury instruction error did not warrant reversal, as there was no reasonable possibility that the erroneous definition of sexual intercourse misled jury or contributed to its guilty verdict.

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