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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 […]

T. Thomas Metier

Did the District Court Err in Not Ordering Immediate Return of Man’s Property?

In Tyler v. City of Omaha, No. A-16-867, (Neb. Ct. App. 2018) the Nebraska Court of Appeals handled this pro se appeal. Billy Roy Tyler (“Tyler”) filed a replevin action against the City of Omaha (“City”) seeking immediate delivery/return of […]

T. Thomas Metier

Is an Easement Deed Valid Even When the Deed Contains Only One Legal Description?

The Colorado Appeals Court took on this question in City of Lakewood v. Armstrong, No. 16CA1494 (2017 COA 159). On June 18, 1984, Lois Jones Mackey (“Mackey”) executed a deed (“Mackey deed”) to convey a permanent public easement for ingress […]

T. Thomas Metier

When a Tax Deed Notice is Returned ‘Undeliverable’, What Constitutes Reasonable Diligence in Conducting Further Searches for an Alternative Address?

The Colorado Court of Appeals took on this question in Wells Fargo v. Olivas, No. 16CA2158, (2017COA158).  In this case, Buyers purchased a home in Pueblo in 2004. Buyers signed a deed of trust in favor of Wells Fargo Financial […]

T. Thomas Metier

When Should the Corporate Veil Be Pierced to Impose Joint and Several Liability on a Managing Member of a Limited Liability Company for Attorney Fees?

The Colorado Supreme Court reversed the Court of Appeals in the case of Stockdale v. Ellsworth, No. 16SC798, (2017 CO 109). In 2009, XTO Energy, Inc. (“XTO”), filed an interpleader action, seeking to resolve competing claims to oil and gas […]

T. Thomas Metier

When Do the Actions or Inactions of a Contractor Lead to a Breach of Duty?

In Dahlgren v. Brooks, No. A-16-1215 (Neb. Ct. App. 2017) the Nebraska Court of Appeals took on this question in a breach of contract case. Gregg Dahlgren and Kristen Dahlgren (“Dahlgrens”) filed a complaint against Dennis Brooks (“Brooks”) for breach […]

T. Thomas Metier

When a Claimant Fails to Prove Value of Damaged Property Before the Incident in Question, Must Insurers Still Pay Out a Policy?

In Aziz v. Allstate Insurance Company, No. 16-3888 (8th Cir. 2017), the United States Court of Appeals for the Eighth Circuit granted judgment as a matter of law to the defendant, Allstate. A fire damaged Azim and Kina D. Aziz’s […]

T. Thomas Metier

When a Plaintiff Early Withdraws a Cause of Action Under the PSTCA Can She Still Sue?

In Hedglin v. Esch, No. A-17-039, (25 Neb. App. 306) the Court of Appeals of Nebraska looked at this issue. In May of 2016, Cassandra Hedglin (“Hedglin”) made a claim against the City of Hastings, Nebraska (“City”) for the personal […]

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 […]