News & Publications

Colorado Supreme Court Confirms Public Entities May Not Deny Open Records Requests Simply Because Requestor Is In Litigation With The Public Entity

Many practitioners in Colorado who have represented a party in litigation with a public entity or the public entity itself have wondered if records can be obtained by the non-public-entity party in that litigation through a request under the Colorado Open Records Act (CORA). Until recently, the Colorado Supreme Court had not squarely addressed that issue. But in Archuleta v. Roane, a majority of the Colorado Supreme Court held that a party to litigation with a [...]

Federal Circuit Rejects Google’s Bid To Shrink ITC Jurisdiction Over Post-Importation Acts Of Indirect Infringement

In the wake of the Supreme Court's elimination of "Chevron deference" in the Loper decision, many commentators have suggested that the ITC's authority over unfair imports under Section 337 might be curtailed. See Loper Bright Enterprises v. Raimondo, 2024 U.S. LEXIS 2882 (June 28, 2024). Most prominently, some have worried (or hoped, depending on their point of view), that the Federal Circuit's decision in Suprema, which affirmed the ITC's authority to find a Section 337 violation based on post-importation infringing [...]

Appellate Court In Pennsylvania Affirms Ruling On Gas Station Franchisor’s Indemnification Claims

A state appellate court in Pennsylvania recently affirmed a trial court's summary judgment ruling addressing a franchisor's claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas. Ins. Co., — A.3d —, 2024 WL 3688402 (Pa. Super. Ct. Aug. 7, 2024). The underlying dispute between the parties arose from Sunoco (R&M), LLC's and Sunoco LLC's pursuit of indemnification from its franchisee, Greyhound Aramingo Petroleum Company, Inc., after the settlement of [...]