06242017Headline:

Archives

Home

Mike Bryant

Startling Look at Cost of Child Abuse

A recent Centers for Disease Control and Protection(CDC)  study, The Economic Burden of Child Maltreatment in the United States and Implications for Prevention, was both interesting and frightening.  The CDC states that … the total lifetime estimated financial costs associated with just […]

T. Thomas Metier

CO Supreme Court Reviews 6 Year Statute of Repose Re: Third Party Claims in Construction Defect Claims

Third party claims are timely, irrespective of either the statute of limitations or the statute of repose, as long as the claims are brought during the litigation or within 90 days of a judgment or settlement.

Mike Bryant

U.S. Bankruptcy Court Sets Deadline for Crosier Survivors

Survivors of sexual abuse have until  Sept 28th, 2017  to seek justice against their attackers. That is just a little over four months away.  The Window that has been limited due to bankruptcy by the diocese is part of a federal […]

Danny Feldman

YOU ARE RIDING YOUR BIKE AND CHASED/INJURED BY A DOG – WHAT TO DO?

First, a little bit of background – Alabama common law, as was the law in most states, allowed a dog “one bite” before the dog owner could be held civilly liable for the dog’s actions.  In other words, civil liability […]

Mike Bryant

Crosier Order Files for Chapter 11 Bankruptcy, Framework Established for $25.5m Agreement with Abuse Survivors

News Release  June 1, 2017  Crosier Fathers & Brothers File for Chapter 11 Bankruptcy  Sexual abuse survivors, Crosiers have framework for $25.5 million agreement   (Minneapolis, MN) – Today, the Crosier Fathers & Brothers filed for Chapter 11 bankruptcy protection […]

T. Thomas Metier

Does a School Retain Governmental Immunity Under CGIA for a Personal Injury?

The Court held that a non-negligently constructed and maintained piece of playground equipment cannot be a “dangerous condition” under the CGIA’s recreation-area waiver.

T. Thomas Metier

Are Century-Old Water Rights Enough to Preserve Easement Rights?

The Supreme Court of Colorado examined the 2014 decree to determine whether it expressly recognized a right to divert water from the ditch.

T. Thomas Metier

Did the District Court Err When It Failed to Dismiss a Case for Forum Non Conveniens?

Cox appealed, arguing the District Court erred in granting Sage’s motion to dismiss because there were no unusual circumstances sufficient to overcome the presumption in favor of Colorado courts hearing cases brought by Colorado residents.

T. Thomas Metier

Does a Homeowner’s Insurance Policy Cover Lawsuit Defense When There Was No Physical Injury or Property Damage?

The plain language of the policy excluded coverage for Dawson’s defense or for any financial liability in the state court action.

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).