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T. Thomas Metier

Did a Special Master’s Conduct Contribute to the Eventual Bankruptcy of a Firm?

In Orr v. Husch Blackwell, LLP, No. 17-3214, (10th Cir. April, 2018), the United States District Court of Appeals for the Tenth Circuit tackled that question. Robert Orr (“Orr”) was an officer and shareholder of Brooke Corporation and Brooke Capital […]

T. Thomas Metier

Did the City of Denver Violate the 14th Amendment and Inflict Emotional Distress When It Seized Several Dogs and Spayed/Neutered Them Without the Owners’ Consent?

In Rose v. City and County of Denver, No. 17-cv-2263-MSK-STV (D. Colorado 2018), the owners of several French Bulldogs sued the city and county for the seizure of their dogs. The Plaintiffs are owners of French Bulldogs — Raven, Vinnie, […]

T. Thomas Metier

Did the Trial Court Abuse Its Discretion When It Found the Defendant Impliedly Waived the Physician-Patient Privilege When the Defendant Brought His Mental Health Records into the Case?

In Gadeco, LLC v. Grynberg, No. 17SA247, (2018 CO 22), the Colorado Supreme Court considered whether the defendant Jack Grynberg (“Grynberg”) impliedly waived the physician–patient privilege by either requesting specific performance of a contract, or denying the plaintiffs’ allegations that […]

T. Thomas Metier

In a Fraudulent Advertising Case Against a Retailer, When Can the Retailer Compel Arbitration?

In Cavlovic v. J.C. Penney, No. 17-3174, (10th Cir. March 8, 2018), Ann Cavlovic (“Cavlovic”) filed suit against the J.C. Penney Corporation, Inc., (“J.C. Penney”) alleging J.C. Penney used fraudulent advertising practices. On December 16, 2016, Cavlovic filed a class […]

T. Thomas Metier

In a Breach of Contract Action Between a Contractor and Property Owner, What is Covered by the Contractor’s General Liability Policy?

In Grinnell Mutual Reinsurance Co., v. Fisher, No. A-16-1047, the Nebraska Court of Appeals examines the question via interpretation of the language of the policy and how it pertains. Robert Fisher (“Fisher”) is a contractor. Roberta Smith (“Smith”) hired Fisher […]

T. Thomas Metier

The District Court Says a School District Must Pay for the Private Schooling of a Special Needs Child in Colorado After US Supreme Court Ruling.

In Endrew f. v. Douglas County School District, No. 12-cv-2620, (Dist. Ct. Colo. 2018) the United States Supreme Court granted certiorari to hear the case. On March 22, 2017, the Supreme Court ruled that the legal standard used by the […]

T. Thomas Metier

When a Party’s Liability is Based Entirely on Respondeat Superior, Is Any Settlement with the Agent Setoff Against the Jury Verdict Entered Against the Principal?

In Marso v. Homeowners Realty Agency, No. 16CA1521, (2018 COA 15) the Colorado Court of Appeals takes on the question. Emily Dilbeck (“Dilbeck”) who was employed by Homeowners Realty, Inc., d/b/a/ Coldwell Banker Home Owners Realty, Inc. (“Coldwell”), acted as […]

T. Thomas Metier

Is an Independent Education Plan (“IEP”) a Contract That Would Provide an Exception to Governmental Immunity Under the Wyoming Governmental Claims Act?

In SH v. Campbell County School District, No. S-17-0164, (2018 WY 11) SH, a minor child SH received special education services at the Campbell County School District (“School District”) in accordance with an Individual Education Plan (“IEP”), pursuant to the […]

T. Thomas Metier

Did a Law School Discriminate Against a Woman for Being Politically Conservative? Court Denies Woman’s Claims of School’s Violation of First Amendment Rights.

In Manning v. Jones, No. 16-1406, 875 F.3d 408, (2017), Teresa Manning (“Manning”) claimed the Dean of the University of Iowa College of Law discriminated against her, saying the dean of the College of Law had rejected her applications due […]

T. Thomas Metier

What Happens When One Student’s Off-Campus Speech Interferes with Another Student’s Education on a University Campus?

In Yeasin v. Durham, No. 16-3367, (10th Cir., Jan. 5, 2018), the Tenth Circuit Court of Appeals took on that sticky question. Dr. Tammara Durham (“Durham”), the Vice Provost for Student Affairs at the University of Kansas, expelled Navid Yeasin […]