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T. Thomas Metier

In a Contract Dispute Between an Academic Institution and a Student, When Does the Academic Deference Standard Apply?

The Supreme Court of Nebraska untangled this complicated question in Armstrong v. Clarkson, (297 Neb. 595). A jury awarded Kelly Armstrong (“Armstrong”) a $1 million verdict on a breach of contract claim against Clarkson College (“Clarkson”). Armstrong had been a […]

T. Thomas Metier

In a Lawsuit Over a Line of Credit Disagreement, How Is the Fee-Shifting Provision for Attorney Fees Interpreted?

The Colorado Court of Appeals took on this question in a drama-filled dispute among former friends in Klein v. Tiburon, (2017 COA 109). In 2005, the Kleins, the Kings, David Sell and his brother each put in money to form […]

T. Thomas Metier

When Are States Liable for Harm Caused By Private Actors and Not Protected By Qualified Immunity?

The United States Court of Appeals for the Tenth Circuit took on this challenging question in Dahn v. Amedei, No. 16-1059 (10th Cir. 2017). Here, a foster child, James Dahn (“Dahn”), sued two Colorado social workers responsible for investigating reports […]

T. Thomas Metier

How is the Impartiality of an Appraiser Determined in a Controversy Over Covered Losses?

While Owners offered objective factors that could demonstrate a lack of impartiality, it pointed to no action, decision, or analytical choice made by Haber in rendering her appraisal report that showed a subjective lack of impartiality.

T. Thomas Metier

What Does “Joint Responsibility” Mean in Colorado Contingency Cases?

If the court finds Grinnan did not assume ethical responsibility, then the fee should be divided based on the proportion of work done by each party.

T. Thomas Metier

In a Dissolution of Marriage, What Assets Should Be Considered Marital and Subject to Equitable Division?

Accrued earnings or appreciation of nonmarital assets during the marriage are presumed marital unless the party seeking the classification of the growth as nonmarital proves the growth is readily identifiable.

T. Thomas Metier

Is Laches Available as a Defense to A Long-Overdue Spousal Maintenance Award?

Allowing laches as a defense in maintenance only cases would encourage prompt assertion of the claim which could grow exponentially over time.

T. Thomas Metier

Is a Contract Formed at Agreement, Modification or By Payment Adjustments?

After looking at all the facts, the Tenth Circuit Court of Appeals said there were still questions as to when exactly the contract was formed, which was for a jury to determine.

T. Thomas Metier

Can a Trial Court’s Errors and Prosecutorial Misconduct Give Rise to a Mistrial?

The Court of Appeals agreed that there were errors during the trial, most resulting from prosecutorial overreach.

T. Thomas Metier

What Minimum Contacts Will Satisfy Colorado’s Long-Arm Statute Over a Non-Resident Defendant?

The Court of Appeals examined each defendant in light of those two questions, and found that yes, the court did have personal jurisdiction over the defendants.