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Phillips Legal

Motion to Dismiss
James Phillips
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…

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marijuana in the workplace
James Phillips
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…

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Guidance on Attorney Flat-Fee Agreements
James Phillips
Guidance on Attorney Flat-Fee Agreements
  • December 20, 2015

In 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…

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Extension of Economic Loss Rule
James Phillips
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…

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