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T. Thomas Metier

Does the Economic Loss Rule Preclude a Claim for Civil Theft?

Under the economic loss rule, a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.

T. Thomas Metier

Did a Trial Court Abuse Its Discretion By Not Polling Jurors About a Prejudicial News Story?

The trial court did not abuse its discretion in not polling the jury. It reversed the appeals court and affirmed Jacobson’s convictions.

T. Thomas Metier

When a Property Owner Association Approves Plans Then Rescinds Its Approval, Can It Be Held Financially Responsible?

The Supreme Court of Colorado answered that question in Mac McShane and Cynthia Calvin v. Stirling Ranch Property Owners Association, Inc. (2017 CO 38).

T. Thomas Metier

Is a Pro Se Filing as Representative of an Estate an Unauthorized Practice of Law?

The Supreme Court holds that the district court did not err in holding that the prior complaint was a nullity, and that an amended complaint could not relate back to the filing of the original pro se complaint.

T. Thomas Metier

When Does a Middle School Snapchat Pic Become Fighting Words?

The Colorado Court of Appeals had the has the unenviable task of examining an incident among middle school boys, bullying and Snapchat. The case of In re: R.C., Colorado Court of Appeals, November 17, 2016 reviewed a determination whether bad […]

T. Thomas Metier

Can A Written Agreement Extend the State Statute of Limitations?

Can parties write an agreement that negates the law? This question was considered in a Ponzi scheme case C. Randel Lewis v. Steve Taylor, No. 13CA0239, Court of Appeals of Colorado, Division IV (Feb. 9, 2017). In 2006, Steve Taylor […]

T. Thomas Metier

What Happens When the Plaintiff Dies After the Verdict, but Before Final Judgment?

Under Colorado law, when a plaintiff in a personal injury action dies, his death extinguishes his entitlement to noneconomic and punitive damages. But what happens when the plaintiff is awarded those damages by a jury, but dies between the verdict […]

Linda Snyder - Director of Marketing

Free Drug Samples Lead to Higher Out of Pocket Expenses

According to a University of Chicago, patients who are given free samples spend nearly 40 percent more on their medications. My first thought was how could that be possible?You’re saving the cost of the medication and the cost of driving to the pharmacy. Common sense says if you’re getting something for free it’s saving you money, right?A new study, published in Medical Care this week, questions…

Linda Snyder - Director of Marketing

Botox Linked to 16 Deaths

Botox and Myobloc have been associated with 16 deaths, four of them in children, and with 180 adverse effects that occurred after the drug spread to vital organs, according to Public Citizen, a health advocacy group.The drug, a neurotoxin that is used to relax muscles, should come with a far stronger warning label and patients should be given a letter detailing its risks, the group said in a…

Linda Snyder - Director of Marketing

A Friend in Need of a Kidney Transplant

Imagine the hope and excitement of graduating from high school and looking forward to the next, both exhilarating and terrifying chapter of your life as you head for college to pursue career of your dreams.Imagine the devastation as you learn you have a serious, life threatening condition that will put those dreams on hold.This is Kelsey Crider’s story. A lovely young woman from Boulder,…