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T. Thomas Metier

Are Americans with Disabilities Act Accommodations Appropriate When a Student Has Failed Academically?

The United States Court of Appeals for the Tenth Circuit answered this complicated question in Profita v. Regents of Univ. of Colo., No. 17-1127 (10th Cir. 2017). After twice failing clinical rotations at the University of Colorado Health Sciences Center […]

T. Thomas Metier

When Are Litigants Required to Pay an Expert’s Post-Settlement Collection Costs?

The Colorado Supreme Court answered that question in Laleh v. Johnson, No. 16SC134, (2017 CO 93). This case is about a fee dispute between a pair of litigants and a court-appointed expert. In 2012, Khalil Laleh (“Laleh”) brought a forcible […]

T. Thomas Metier

When Does a School Police Officer Have Probable Cause to Arrest a Student?

The United States Court of Appeals for the Tenth Circuit got to untangle this case in Scott v. City of Albuquerque, No. 15-2154, (10th Cir. 2017). In January 2009, Quentin Scott (“Scott”) was a thirteen-year-old seventh-grader at Grant Middle School […]

T. Thomas Metier

Can the Court Exclude Expert Testimony as a Sanction When the Underlying Report Fails to Meet the FRCP Requirements?

The Supreme Court of the State of Colorado answered that question in Catholic Health Initiatives Colorado d/b/a Centura Health – St. Anthony North Hospital v. Earl Swensson Associates, Inc., (2017 CO 94). In March 2016, Catholic Health filed suit against […]

T. Thomas Metier

Can a Contract Allow the Non-Breaching Party to Decide Between Liquidated and Actual Damages?

The Colorado Supreme Court decided the validity of the choice in Ravenstar v. One Ski Hill Place, (2017 CO 83). In 2008, Petitioners, five Colorado companies, entered into separate contracts (“Agreements”) to buy to-be-built condominium units from Respondent, developer One […]

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.