The Denver-based law firm of Miller & Law, P.C. regularly handles a broad range of litigation matters involving corporate law, construction law, commercial law, real estate, employment, criminal defense, personal injury, products liability, family law, and estate planning. Our attorneys have a strong appellate practice, including representation in construction and corporate law cases such as the following:
Boles v. Sun Ergoline, Inc. 90-SC970 (Colo. S.C. 2010)
Miller & Law, P.C. brought an action asserting strict products liability against Sun Ergoline, Inc. on behalf of plaintiff Savannah Boles for personal injury. Ms. Boles's fingers were partially amputated when she touched an exhaust fan located at the top of an upright tanning booth manufactured by Sun Ergoline. Prior to her use of the machine, Ms. Boles signed a release form releasing the operators and manufacturers from liability. The Colorado Supreme Court ruled that this type of ordinary consumer release agreement could not be used to release a manufacturer from strict products liability as if it were a claim for simple negligence.
Fowler & Peth, Inc. v. Regan (In re Regan), 151 P.3d 1281 (Colo. 2007); In re Regan, 477 F.3d 1209 (10th Cir. 2007).
This landmark Tenth Circuit Court of Appeals case determined whether the Colorado Mechanic's Trust Fund Statute (C.R.S. §38-22-127) provided a separate source of protection for laborers and materialmen in addition to a traditional mechanic's lien. In this case, the defendants (the Regans) were the sole shareholders and directors of Eagle Roofing. They opened a credit account with plaintiff Fowler & Peth, a Wyoming supplier of roofing materials. During the course of their business, the Regans misallocated the company's funds and used them to pay for their personal expenses. The result was that Fowler & Peth was not fully paid; however, Fowler & Peth did not file any liens against the Regans. The Regans filed for Chapter 7 Bankruptcy and argued that Fowler & Peth could not have a claim under the Trust Fund Statute since it failed to exercise its right to a mechanic's lien. The Bankruptcy Court held that the debt owed to Fowler & Peth was nondischargeable because the Colorado Mechanic's Trust Fund Statute provided intended beneficiaries (i.e. laborers and materialmen) with a second source of protection and relief, separate and apart from a traditional mechanic's lien claim, which does not require the filing of a mechanic's lien as a prerequisite to successfully asserting a claim. At the request of the Tenth Circuit Court of Appeals, in an en banc decision the Colorado Supreme Court confirmed the Bankruptcy Court's construction of the Colorado Trust Fund Statute and the appellate court remanded the case.
Thistle, Inc. v. Tenneco, Inc., 872 P.2d 1302 (Colo. App. 1993).
This important Colorado appellate court case clarified whether an assignee of rights was a real party in interest with standing to sue in place of its predecessor. In this case, the plaintiff, Thistle, Inc., brought a claim against Tenneco, Inc. stating that Tenneco had made certain seismic data owned by Thistle available to other named defendants in violation of a licensing agreement between Tenneco and Thistle's predecessor. Thistle also made claims against the other named defendants for conspiracy to misappropriate trade secrets and other business torts. The issue in the case was whether Thistle had been assigned the rights to the licensing agreements when it had purchased the data, and if it thus had standing to sue to Tenneco to enforce the licensing agreements. The appellate court compared the assignment of the seismic data to the assignment of property which was subject to preexisting leases, and held that Thistle had been assigned the predecessor's interest in the licensing agreements, allowing Thistle to pursue its claims.
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The attorneys of Miller & Law, P.C., have the decades of experience and skills necessary to represent clients in all aspects of their cases, even when matters must be taken to the Colorado Supreme Court. Contact Miller & Law, P.C. today to schedule a consultation to discuss your specific legal matter.