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Fort Collins, Colorado

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T. Thomas Metier

When Can an Expert Witness Be Excluded from Testifying and Why?

Ultimately, the court determines the untimely disclosure was harmless and therefore, Baldwin will not be excluded.

T. Thomas Metier

When Can a Party Be Given Leave to Amend a Pleading?

The Court also concludes the allegations do not demonstrate genuine issues of material fact, so the Court recommends that the judge find the proposed claim would likely be dismissed for Jones’ failure to show why the case would have to be submitted to a jury for resolution.

T. Thomas Metier

How Much is Too Much When a Party Is Compelled to Hand Over Computer Data?

The Court says the requesting party must show there is a compelling need for the information, the information is not available from other sources, and the requesting party is using the least intrusive means to obtain the information.

T. Thomas Metier

Does An Underinsured Motorist Policy Also Cover Tractors?

State Farm moved to determine as a matter of law that the tractor is not a motor vehicle under the policy’s UIM coverage.

T. Thomas Metier

Does an Employer’s Admission of Vicarious Liability Bar Direct Negligence Claims?

The Supreme Court of Colorado determined, in a case of first impression, that yes, an employer’s admission of liability under respondeat superior bars the plaintiff from claiming other theories of negligence.

T. Thomas Metier

How are Reasonable Attorney Fees Calculated in a Bad Faith Insurance Claim?

In the case of Nibert v. Geico Casualty Company, 2017 CO A23, February 23, 2017, Denise Nibert and her husband were injured in a car accident in 2012. Nibert received the policy maximum from the motorist at-fault, but she also […]

T. Thomas Metier

Can You Get Prejudgment Interest Without Filing a Lawsuit?

Prejudgment interest can be recovered in a personal injury claim in Colorado under Section 13-21-101(1): “In all actions brought to recover damages for personal injuries… it is lawful for the plaintiff in the complaint to claim interest on the damages […]

T. Thomas Metier

How Much Social Media Data Will the Court Compel?

In the updated rules in the FRCP regarding electronic discovery, the amount of data available can be overwhelming. In Scott v. United States Postal Service, et al., (Civil Action No. 15-712-BAJ-EWD.) United States District Court, M.D. Louisiana, December 27, 2016, […]

T. Thomas Metier

Colorado Supreme Court Decides Personal Jurisdiction Over Ford Motor Co.

In 2013, John Magill’s 2007 Ford Fusion crashed into a vehicle driven by defendant Mark Polunci, which was the subject of the case in John Magill and Suzanna Magill v. Ford Motor Company, No. 15SA332 (Co. Sup. Ct. Sept. 12, […]

T. Thomas Metier

When Does the Statute of Limitations Start to Run for a UIM Claim—The Date an Attorney Receives the Underlying Claim Check or When it is Endorsed?

Three days between the receipt of a settlement check and the endorsement of that check determined whether a personal injury victim could sue the insurance company in the case of Donna Kovac, v. Farmers Insurance Exchange, No. 16CA0167, Court of […]