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T. Thomas Metier

In Oklahoma, What Constitutes Sufficient Minimum Contacts Such That the Lawsuit Does Not Offend Traditional Notions of Fair Play and Substantial Justice?

In Sanchez v. White County Medical Center, No. 16-5154, (10th Cir. April 2018), the United States Court of Appeals for the Tenth Circuit determined how to answer that question. This case arises from a car accident on August 5, 2013 […]

T. Thomas Metier

Is a Golf Cart a Vehicle for Statutory Purposes in an Uninsured Motorist Case?

In Progressive Northern Insurance Company v. Pippin, No. 17-6182, (10th Cir. March 28, 2018), the United States Court of Appeals for the Tenth Circuit undertook the question arising out of an odd claim by the insured against his insurance company. […]

T. Thomas Metier

When Can a Plaintiff Recover Prejudgment Interest and Costs Above the Liability Limit of an Insurance Policy?

In White v. Estate of Soto-Lerma, No. 17CA0292, (2018 COA 35), the Colorado Court of Appeals considered the question. In a suit against a decedent’s estate, does the Nonclaim Statute allow a plaintiff to recover a judgment for prejudgment interest […]

T. Thomas Metier

In an Automobile Negligence Action, What Damages Must Be Presented for Plaintiff to Prevail? If Specifics Are Not Proffered, Will the Jury Find for the Defendant?

In Lewison v. Renner, No. S-17-173, (298 Neb. 654) the Supreme Court of Nebraska determined what is necessary. Barbara Lewison (“Lewison”) sued Carol Renner (“Renner”) for negligence. On December 21, 2012, in Kearney, Nebraska, Renner made a left turn in […]

T. Thomas Metier

Can a Plaintiff Remove a Case to Federal Court after a Failed Attempt in State Court?

In Phan v. American Family Insurance Company, No. 17-1187 (D. Colo. 2017) the United States Court of Appeals for the Tenth Circuit took on this question after Kent Vu Phan was injured in a car accident and sought damages from […]

T. Thomas Metier

Does a Trial Court Have the Authority to Preclude Testimony as a Discovery Sanction?

The Nebraska Supreme Court sorts out this question in Putnam v. Sherbring et al., (297 Neb. 868). To enforce progression orders in an automobile negligence case, the district court excluded untimely disclosed expert opinions about medical bills. Relying upon our […]

T. Thomas Metier

When a Driver Hits Two Bicyclists Consecutively, Is It One Accident or Two?

In a case of first impression, the Supreme Court of Wyoming took on this question in Hurst v. Metropolitan Property and Casualty Insurance Company, (2017 WY 104). On May 31, 2014, Larry and Sara Hurst (“Larry” and “Sara”) were riding […]

T. Thomas Metier

In a Sale of an Automobile, at What Point in the Process is the Sale Complete, Removing Liability from the Seller?

In a lawsuit filed by the co-guardians of John Czajkowski, Kerns v. National Union Fire Insurance Company of Pittsburgh, Civil Action No. 16-cv-01245-MSK-CBS, (D. Colo. Sept. 13, 2017). the United States District Court D of Colorado determined the answer to […]

T. Thomas Metier

When Do an Insurance Company’s Responses Move from Negotiation to Unreasonable to Bad Faith?

The United States District Court D in Colorado addressed that question in Rivera v. State Farm Mutual Insurance Co., Civil Action No. 16-cv-00227-MSK-MJW, (D. Colo., Sept. 11, 2017). Joyce Rivera (“Rivera”) was involved in a rear-end automobile accident in El […]

T. Thomas Metier

What Circumstances Would Lead to a New Trial on the Damage Award Only?

In Bavlsik v. General Motors, Nos. 16-1491, 16-1632, (8th Cir. 2017),  the Court of Appeals for the Eighth Circuit took on this question. About five years ago Michael Bavlsik (“Bavlsik”) was driving his 2003 GMC Savana van when he collided […]