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Legal Lasso: CU Gun Ban Rejected by State High Court

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COMPILED BY LAW WEEK COLORADO NEWS STAFF

CU GUN BAN REJECTED BY STATE HIGH COURT: The Colorado Supreme Court on Monday ruled against a University of Colorado gun ban, saying the Legislature’s concealed weapons law didn’t exclude such facilities. The Concealed Carry Act, prohibiting local governments from restricting the right to carry a concealed firearm, did include exemptions such as for K-12 schools, but lawmakers included no such exemption for public universities. The justices said in their decision that lawmakers intended to strip the authority of the Board of Regents to regulate concealed guns on campus. In 2008, students filed a complaint in El Paso District Court claiming the university’s ban violated the legislation and the state’s constitutional right to bear arms. In its ruling on Monday, the court sided with the students on the statutory question but left unanswered whether the university’s ban also violated the constitution.

MURDER TRIAL BEGINS FOR FORMER NURSE AT TEXAS DAVITA CLINIC: Kimberly Saenz, a former nurse at a DaVita clinic in Lufkin, Texas, is on trial for charges of killing five patients by injecting bleach into their kidney dialysis tubes. DaVita’s attorney is Joel Sprott of Houston firm Sprott Rigby Newsom Robbins & Lunceford.

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HOSPITALS REFERRING PATIENTS TO ATTORNEYS? If patients don’t settle claims, this Maryland healthcare system is taking a new tactic of referring them to attorneys. Colorado health law attorney Karen McGovern was quoted.

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SHE SAID IT: ”As a patient, why would you want that referral? There’s a reason these attorneys are being referred by the hospital. What I suspect is that this is an attorney who doesn’t push the cases to trial and settles for lower amounts. Is that attorney going to make up the difference by going after the doctor?” –Karen M. McGovern, a Colorado medical liability defense attorney and nurse.

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