July 19, 2018

Archives for September 8, 2010

Monica Marquez Tapped for Colorado Supreme Court

UPDATE: Thanks to Law Week (which also scooped the Denver Post on the story, by the way) for posting the audio of the press conference.

Governor Bill Ritter today appointed Monica Marquez to the Colorado Supreme Court, replacing Chief Justice Mary Mullarkey, who will retire this November.

Marquez, 41, comes to the bench after a distinguished legal career that includes clerking at both the Tenth Circuit and U.S. District Court level, working in private practice at Holme Roberts & Owen, and representing various governmental agencies and officials as deputy attorney general for the Colorado Attorney General’s Office. She is the first Latina and openly gay member of the court, and is likely to be the sole supreme court appointment made by Ritter in his single term as governor.

Other finalists for the Supreme Court bench were the Honorable David Price of Colorado’s Fourth Judicial District and the Honorable Robert Russel of the Colorado Court of Appeals.

No Colorado Supreme Court Opinions: Week of September 5, 2010

There are no new cases to report.

Tenth Circuit: Opinions, 9/7/10

The Tenth Circuit on Tuesday issued two published opinions and two unpublished opinions.

Published

In Jensen v. Solvay Chemicals, Inc., the Court affirmed in part and reversed in part the district court’s finding for Respondents. Petitioners claimed that the conversion of their pension plans to the cash-balance formula violated their rights under ERISA and sought benefits as they would have had under the previous plan. However, the Court found that the new plan conforms undisputedly to the ADEA and there was sufficient notice to Petitioners about the new plan, except for an explanation as to “how early-retirement benefits were calculated under the old plan.”

In Employers Mut. Casualty Co. v. Bartile Roofs, Inc., the Court affirmed the district court’s grant of summary judgment. The Court found that the district court correctly found that the insurance company owed no duty to defend, but it could not recover its costs for doing so. Wyoming law disfavors “insurer’s attempts to defend insureds while retaining the right to deny coverage and recoup defense costs at a later date.”

Unpublished

United States v. Graham

Bridgeforth v. Walker