Minimum Contacts for Maximum Recovery
Rather than describing the due process limitation on a state’s exercise of personal jurisdiction, “minimum contacts” may more accurately describe the interpersonal relationships of some of us at...
View ArticleColorado’s reasonable approach to distributor liability
One of the more interesting problems in products law is how to handle the middle man. If the retailer does not design or manufacture a product, but merely stocks its shelves, can he be liable to a...
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Wii Class Action Strikes Out: Hang on to Your Controller
I used to think the story was an urban myth. I’ve heard accounts of people who became so wrapped up in a spirited game of Nintendo Wii baseball or bowling that they let go of the controller, only to...
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What is "Products Liability," Anyway?
This is the question that the Colorado Court of Appeals tried to answer in its recent decision, Carter v. Brighton Ford, Inc., No. 09CA1966, 2010 WL 4361379 (Colo. Ct. App. September 30, 2010). The...
View ArticleBeware Jury Instructions (or At Least, Pay Attention to Them)
I have a really long list of really important things that no one taught me in law school. One lesson that always finds itself at or near the top is this: PAY ATTENTION TO JURY INSTRUCTIONS. The...
View ArticleSki Instructor Not Qualified to Testify About Ski Design
Colorado’s Stanley Gale is a lot of things. A skier with a Level I Alpine certification. An alumnus of the Alpine Ski Patrol. An expert qualified in the areas of ski safety and accident...
View ArticleLawsuit Looms in Wake of Colorado Theater Shootings
Does a business establishment, such as a restaurant, shop, or theater, owe patrons a duty of care to protect them against psychopaths with body armor and semi-automatic weapons? According to the...
View ArticleThe “Popcorn Lung” Case: A Lesson in Marketing to the Jury
There has been a $7 million verdict in Wayne Watson v. Dillon Companies, Inc. et al., in Colorado. Watson is a products liability case, and the basic allegation is that microwaveable popcorn gave the...
View ArticlePopcorn Lung is Popping (Up) Again
As we posted last week, there’s a new “popcorn lung” case on the block. Plaintiffs’ attorneys everywhere must be licking their chops (and fingers) with news of the $7.2 million verdict in that fateful...
View ArticleColorado Court Conducts “Substantially Similar” Test in Carseat Case
On June 10, 2005, a four-month-old child, identified only as “A.H.” was injured when the car in which he was riding was T-boned by another vehicle. A.H. was riding in an Evenflo Discovery Model 316...
View ArticleImaginary Weapon, Real Suspension
These days, guns and school safety are the biggest hot button topics around. No one wants innocent children being harmed, whether it be by a crazed gunman or some other student who decided to bring a...
View ArticleLiability for the Snow: Who is Responsible?
Last week, our Gallivan, White & Boyd offices were trapped in the middle of a Southern Snowpocalypse, so we here at Abnormal Use were able to spend a few days enjoying the snow with our families....
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Legal Marijuana Candy Sees First Trademark Suit in Colorado
A hot topic of recent months has been the legalization of marijuana. After the State of Colorado legalized it, we here at Abnormal Use wondered what legal problems might arise when those laws went...
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TinctureBelle Responds To Pot-Candy Trademark Suit
Last week, we wrote about a new trademark infringement lawsuit filed by Hershey against marijuana-candy manufacturer TinctureBelle. The gist of the Hershey’s lawsuit is that TinctureBelle allegedly...
View ArticleColorado Federal Court Considers Motion to Dismiss in Knee Replacement Case
As you know, we here at Abnormal Use love writing and blogging, so much so that our editor Jim Dedman is now contributing posts to other venues. Recently, his piece, “Colorado Federal Court Considers...
View ArticleBehold! The Taylor Swift Complaint!
You know, we here at Abnormal Use could remark or otherwise opine upon the new lawsuit against Taylor Swift. We could analyze the potential motives of the deejay who has filed the suit and claimed that...
View ArticleThe Birth Of The Marijuana Product Liability Litigation
Last year, we here at Abnormal Use questioned when we would see our first meaningful piece of product liability litigation arising out of the legalization of marijuana. Well, apparently, that time is...
View ArticleThe Perils Of Marijuana Tourism In Colorado
Gloves? Check. Goggles? Check. Ski pants? Check. Heath insurance information and money for the co-pay? Check. That’s right. If you’re headed out west for an epic trip to shred the fresh snowfall in...
View ArticleFirst Wrongful Death Lawsuit Hits Marijuana Industry
Since its recent legalization in certain states, marijuana has found itself in the middle of several product liability lawsuits. A new lawsuit filed in Colorado has just upped the ante. According to a...
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