T. Thomas Metier

Does a Dog Owner Owe a Duty of Care to a Child Who Became Frightened and Ran Into the Street Resulting in Injury?

The district court ultimately granted Trujillo’s motion to dismiss on N.M.’s negligence claim.

T. Thomas Metier

What Damages Are Necessary to Show Breach of the Implied Covenant of Good Faith and Fair Dealing in an Insurance Case?

The Court of Appeals found that the Blakelys did not bring forth evidence to support their claim, and affirmed the lower court’s grant of summary judgment to USAA.

Thomas Greer

Another Legionnaires Outbreak Near Graceland

The Shelby County Health Department announced today that guest who visited The Guest House at Graceland from May 15 to 26, 2017 may have been exposed to bacteria called Legionella, which can lead to Legionnaires Disease.  The bacteria is ingested  […]

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


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.