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Fort Collins, Colorado

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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.

T. Thomas Metier

When Does a Liquidated Damages Provision in a Contract Become an Unenforceable Penalty?

Plaintiff filed a complaint in the district court alleging Defendant owed Plaintiff $45,500 in liquidated damages because it canceled the contract early.

T. Thomas Metier

How Does the Court Authenticate Text Messages Submitted as Evidence?

How to authenticate text messages under CRE 901(a) is a matter of first impression in Colorado.

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).