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Is the Prohibition of the Manufacture of Marijuana Unconstitutional in Colorado?

The Colorado Supreme Court reversed the trial court’s ruling and remands this case for further proceedings.

/ 7 Jul 2017

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.

By T. Thomas Metier

/ 5 Jul 2017

Inferior Vena Cava Blood Filter Lawsuits Increase

Lawsuits over retrievable IVC filters continue to grow. In two separate federal litigations there are almost 4000 filings against Cook Medical and C.R. Bard, the two largest manufacturers of IVC filters. Another smaller manufacturer, Cordis Corporation is facing nearly 200 IVC filter lawsuits. Manuf

By Joseph H. Saunders

/ 4 Jul 2017

Does UM/UIM Statute Require Each Named Insured to Reject the Coverage or Is One Rejection Binding for All?

The Supreme Court also examined whether the Colorado legislature, in writing that statute, negated the common law principles of implied authority and apparent authority.

By T. Thomas Metier

/ 3 Jul 2017

FDA warns: Inaccuracies with Surgical Computer Systems Could Result in Injury or Death

For the second time in a little more than a month, the FDA warned of accuracy errors associated with stereotaxic navigation systems—a computer system that “guides” surgeons within the body in real-time by using 3D-like imaging—most often employed during brain or spinal surgery. The…

By Christopher T. Nace

/ 30 Jun 2017

FDA warns: Inaccuracies with Surgical Computer Systems Could Result in Injury or Death

How Is Maximum Medical Improvement Determined in a Workers’ Compensation Case?

Scott did not back up her claims with any evidence to contradict the lower court’s determination. The court found no plain error in the record and affirm the compensation court’s determination.

By T. Thomas Metier

/ 30 Jun 2017

When Can an Employee Re-open a Settlement Based on Mutual Mistake of Material Fact?

The late discovery of a fracture in England’s scapula was previously unknown, but was definitely a material fact.

By T. Thomas Metier

/ 28 Jun 2017

H.R. 1215- an Anti-Justice Bill Limiting Recovery for those Injured in Healthcare Cases.

Congress has recently taken several bills under consideration related to tort reform. If these bills are passed, they could limit, eliminate, or significantly change individual’s access to the justice. On June 28, 2017, the House is to vote on “Protecting Access to Care Act of…

By O'Keeffe O'Brien Lyson Attorneys

/ 26 Jun 2017

Colorado Court of Appeals Bunts on the Question of Fetal Personhood Under the Survival Statute

The Court of Appeals said that dealing with the question of personhood under the Survival Statute was not necessary at this time, so it did not make a determination.

By T. Thomas Metier

/ 26 Jun 2017

Long Term Disability Denial – ERISA Penalties

Many employees have long term disability insurance through their employer. For example, ABC, Inc. offers its employees various benefits, one of which is long term disability in the event the employee becomes disabled. It’s considered an important benefit since the likelihood of injury and the…

By Jon Lewis

/ 21 Jun 2017

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.

By T. Thomas Metier

/ 15 Jun 2017

Expungement under Minnesota and North Dakota Law

In 2015, new expungement laws came into effect under Minnesota law. Under Minn. Stat § 609A.03, an individual with a criminal record can see expungement if he or she petitions the court. The court may expunge misdemeanors and petty misdemeanors convictions if the petitioner has…

By O'Keeffe O'Brien Lyson Attorneys

/ 12 Jun 2017