omitted); see also City of Worcester, 839 F.Sup. at 88 (“[T]he mere fact that [the defendant] was involved in an incident that would possibly subject it to litigation is not dis-positive of the determination of whether the memorandum was prepared in anticipation of litigation”); Caremark, Inc. v. Affiliated Computer Services, Inc., 195 F.R.D. 610, 614-15 (N.D.Ill. 2000) (citations and internal quotations omitted) (“Not all documents created or produced by a company can be categorized as protected by work product simply because a company’s internal investigation is co-existent with a present or anticipated lawsuit that is the same subject matter of the litigation”); In re Air Crash Disaster at Sioux City, Iowa on July 19, 1989, 133 F.R.D. 515, 520 (N.D.Ill. 1990) (citation omitted) (<HOLDING>). While the involvement of an attorney is
holding that an employees inadvertence ordinary negli genee poor judgment or inattention does not constitute misconducttherefore we conclude further findings are required regarding claimants mens rea at the time of the incidents that gave rise to her discharge from employmentvil violation of company rulewe reject employers argument that disqualification is appropriate under section 8781085evii crs2009 that seetion permits disqualification as relevant here if there is evidence that claimant engaged in theviolation of a statute or of a company rule which resulted or could have resulted in serious damage to the employers property or interests or could have endangered the life of the worker or other persons such as mistreatment of patients in a hospital or nursing home serving liquor to minors selling prescription items without prescriptions from licensed doctors immoral conduct which has an effect on workers job status divulging of confidential information which resulted or could have resulted in damage to the employers interests failure to observe conspicuously posted safety rules intentional falsification of expense accounts inventories or other reeords or reports whether or not substantial harm or injury was incurred or removal or attempted removal of employers property from the premises of the employer without proper authorityhere there is no evidence in the record that claimants actions resulted or could have resulted in serious damage to the employers property or interests or could have endangered the life of the worker or other personsthe panels order is set aside and the case is remanded to the panel with instructions to remand the case to the hearing officer on remand the hearing officer shall determine based on the evidence in the record whether claimant had a good faith but mistaken belief the toilet paper remnants she took had been discarded or abandoned by employer if so the hearing officer shall award her benefits if the hearing officer determines that claimant not only acted volitionally but also had the requisite knowledge and intent to deprive her employer of its property at the time of the actions alleged in this case she is not entitled to benefitsjudge hawthorne and judge terry concursitting by assignment of the chief justice under provisions of colo const art vi  53 holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint holding that the question whether the defendants consent to accompany the agents was in fact voluntary or was the product of duress or coercion express or implied is to be determined by the totality of all the circumstances holding that whether a particular document is subject to the work product protection depends on whether the subject matter of the document concerns preparation or strategy or the appraisal of the strengths or weaknesses of the companys case or the activities of the attorneys in preparing their case or is at least primarily concerned with legal assistance and not simply underlying evidence holding that under the mailbox rule a pro se inmates document is deemed filed at the moment in time when the inmate loses control over the document by entrusting its further delivery or processing which is usually when the inmate places the document in the hands of prison officials