Phillips Legal

Motion to Dismiss

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

June 3, 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 had filed on behalf of its client, Kathy Peterson. The […]

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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 sued his former employer for wrongful termination under state law […]

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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 flat fee has been earned in the event the representation […]

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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. The case involved a somewhat complex series of interrelated contracts […]

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