Phillips Legal Blog

  • James Phillips
    Fraud

    Court of Appeals Explores Anti-SLAPP Statute

    May 11, 2023

    Court of Appeals Explores Anti-SLAPP Statute. The Colorado Court of Appeals in Creekside Endodontics, LLC v. Sullivan (2022COA145) examined Colorado’s Anti-SLAPP statute to strike down a defamation claim. The defendant was a patient at the plaintiff’s endodontics practice. Following a procedure at the plaintiff’s clinic,…

    View Post

  • James Phillips

    Unilateral Addition of Arbitration Clause Enforceable

    May 10, 2023

    Unilateral Addition of Arbitration Clause Enforceable. The Colorado Court of Appeals in Macasero v. ENT Credit Union (2023COA40) addressed a party’s ability to add an arbitration clause to a contract through constructive electronic notice. The plaintiff took out an auto loan. The terms of the…

    View Post

  • James Phillips

    Accrual of Debt Action Upon Borrower Bankruptcy Discharge

    May 09, 2023

    The Colorado Supreme Court (2023CO17) in the case of US Bank NA v. Silvernagel addressed when the statute of limitations accrues on a debt where a borrower with a mortgage loan secured by a deed of trust on the borrower’s property is discharged in bankruptcy.…

    View Post

  • James Phillips

    Arbitrator Lacks Authority to Sanction Attorney

    September 20, 2022

    The Colorado Court of Appeals in Herrera v. Santangelo Law Offices, P.C., 2022COA93, recently held that a lawyer could not be sanctioned by an arbitrator. The lawyer represented a client in an arbitration proceeding. The case had been submitted to arbitration pursuant to an agreement…

    View Post

  • James Phillips
    Breach of Contract

    Unjust Enrichment Remedy Recognized Where Express Contract Exists

    May 17, 2022

    The Colorado Court of Appeals (2022COA50) recognized an equitable principle that allows for recovery under a theory of unjust enrichment despite there being an express contract between the parties. The case involved a contract for the installation of siding on a home. The siding company…

    View Post

  • James Phillips

    Houser v. CenturyLink – Court dismisses securities claims

    April 07, 2022

    Dismissal of Securities Claims against CenturyLink – 2022COA37 The plaintiff brought a class action complaint under the federal securities laws for material misstatements in a registration statement and a prospectus. The alleged misstatements related to the merger between CenturyLink and Level 3 Communications. The district…

    View Post

  • James Phillips
    Extension of Economic Loss Rule

    Contractual Liability Limitation Enforcement

    October 05, 2021

    Contractual Liability Limitation Enforcement. The Colorado Court of Appeals has ruled that an ambiguous limitation of liability clause in a contract between sophisticated commercial entities is enforceable. The case deciding this issue was Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., Case No. 20CA0950 (Colo.…

    View Post

  • James Phillips

    Lines of Credit Are Not Negotiable Instruments

    September 15, 2021

    Lines of Credit Are Not Negotiable Instruments. The Colorado Court of Appeals in a unanimous opinion held that a line of credit is not a negotiable instrument and therefore that UCC Article 3 does not apply to agreements for a line of credit. CadleRock Joint…

    View Post

  • James Phillips

    Anti-gay Slurs Land Attorney Robert Abrams in Hot Water

    July 01, 2021

    Anti-gay slurs land attorney Robert Abrams in hot water. The Colorado Supreme Court issued a ruling earlier this month in Case No. 20SA81, In the Matter of Robert E. Abrams, upholding the discipline against a Colorado attorney for using anti-gay slurs against a sitting judge.…

    View Post

  • James Phillips
    Motion to Dismiss

    Federal District Court Grants Phillips Legal’s Motion to Dismiss Civil Theft and 42 U.S.C. § 1983 Claims

    June 03, 2016

    On May 26, 2016, the Honorable William J. Martinez of the United States District Court for the District of Colorado in Welch et al. v. Saunders et al., Case No. 1:15-cv-02286-WJM-CBS, granted the Motion to Dismiss for Failure to State a Claim that Phillips Legal…

    View Post

  • James Phillips
    marijuana in the workplace

    Use Marijuana at Your Own Peril Says Colo. Supreme Court

    December 21, 2015

    Earlier this year, the Colorado Supreme Court issued its decision in Coats v. Dish Network, LLC, 350 P.3d 849 (Colo. 2015), and should put a scare into Colorado’s burgeoning population of marijuana users. The case involved an employee who had a medical marijuana license and…

    View Post

  • James Phillips
    Guidance on Attorney Flat-Fee Agreements

    Guidance on Attorney Flat-Fee Agreements

    December 20, 2015

    In re Gilbert, 346 P.3d 1018 (Colo. 2015), the Colorado Supreme Court clarified how lawyers should proceed with flat-fee agreements, specifically related to benchmarks in those agreements. The Court said that attorneys should include benchmarks in flat-fee agreements to help delineate when portions of the…

    View Post

  • James Phillips
    Extension of Economic Loss Rule

    Extension of Economic Loss Rule

    December 19, 2015

    In a rather muddled opinion, the Colorado Supreme Court has extended the reach of the economic loss rule in its case S K Peightal Engineers, LTD v. Mid Valley Real Estate Sols. V, LLC, 342 P.3d 868 (Colo. 2015), which was decided earlier this year.…

    View Post


T
O
P