May 2010 - Boulder County Bar Association

BOULDER COUNTY BAR NEWSLETTER
MAY 2010
COLORADO'S LIMITED ADOPTION OF
THE LEARNED INTERMEDIARY DOCTRINE
BY MIKE LASZLO
Introduction
On March 18, 2010, in O'Connell v.
Biomet, Inc., the Colorado Court of
Appeals adopted the learned intermediary doctrine.1 However, the court’s
adoption of the doctrine is quite limited. In the wake of O’Connell, the
future of the doctrine in Colorado is
tenuous at best. It remains unclear
whether the doctrine would be adopted for prescription drugs or all classes
of prescription medical devices.2
Learned Intermediary Doctrine
The learned intermediary doctrine is a
generally accepted exception to the
rule that manufacturers have a duty to
warn all foreseeable users about the
dangers and risks associated with
their products.3 The doctrine holds
TABLE OF CONTENTS
LEARNED INTERMEDIARY DOCTRINE
CALENDAR OF EVENTS
BCBA ANNUAL DINNER AND MEETING
PRESIDENT’S PAGE
FIND A LAWYER
LAWYER ANNOUNCEMENTS
PRO BONO AWARDS
PRO BONO PAGE
CLASSIFIED ADS
1
2
3
5
6
7
8
9
11
that, where prescription drugs are
concerned, a manufacturer’s duty to
warn is limited to an obligation to
advise the prescribing physician of
the dangers of the product.4 The
reasoning behind the doctrine is
that the prescribing physician stands
in the best position to weigh the
risks and benefits of the drug to
each individual patient.5
DEFENSE ATTORNEYS
MUST ADVISE ON
DEPORTATION RISK
ARISING FROM PLEA
AGREEMENT
BY BRAD HENDRICK
On March 31, 2010 the Supreme
Court of the United States issued a
decision expected to have significant
impact on the lives of criminal
defense attorneys who defend noncitizens. In Padilla v. Kentucky (No.
08-651) the Supreme Court held that
Over the years, however, several counsel has a duty to inform a nonexceptions have eroded the applica- citizen criminal defendant whether a
tion of the doctrine: vaccinations,6 guilty plea carries a risk of deportacontraceptives,7 drugs withdrawn tion.
from the market,8 and direct-to-consumer advertising.9 Indeed, both Jose Padilla had been a lawful permaWest Virginia and New Mexico have nent resident of the United States
refused to adopt the learned inter- for 40 years including honorable sermediary doctrine, reasoning that vices as a member of the U.S. forces
there are now too many exceptions in Vietnam. He faced mandatory
and that the landscape of health care deportation after pleading guilty to
and doctor-patient relationships has transportation of marijuana in his
changed so much that the doctrine tractor-trailer in Kentucky. Padilla
claimed that, prior to entry of his
is obsolete.10
guilty plea, his counsel failed to
Learned Intermediary Doctrine in advise him of any consequences
prior to entering his guilty plea and
Colorado
While Colorado courts have danced told him that he “did not have to
around the fundamentals of the worry about immigration status and
learned intermediary doctrine in the said he had been in the country for
(continued on page 4)
(continued on page 3)
CALENDAR OF EVENTS
Pre-registration is required for all BCBA CLE programs. Register by e-mailing [email protected], or pay online with a credit card at
www.boulder-bar.org/calendar. You will be charged for your lunch if you make a reservation and do not cancel prior to the CLE meeting. BCBA CLE’s cost for members is $20 per credit hour, $10 for New/Young lawyers practicing three years or less.
Wednesday, May 5
Natural Resources and Environmental Law
The Law of Wires: Electricity
Transmission in Colorado
Presenter: Mark Detsky
Noon at Caplan and Earnest
1 CLE $20, $10 for New/Young lawyers
Lunch $10
Tuesday, May 18
Business Law
What Every Business Lawyer Needs
to Know About Immigration Law
Presenter: Brad Hendrick
Noon at Hogan and Hartson
1 CLE $20, $10 new/young lawyers
Lunch $10
Wednesday, May 19
Annual Medical-Legal Legislative Update
Presenters: Boulder County State Legislators
Boulder Country Club, 7350 Clubhouse Road
6 PM cash bar, 6:30 dinner,
followed by discussion with legislators,
lawyers and doctors
$35 for dinner and 1 CLE
Thursday, May 6
Availability of Legal Services and All Lawyers
Public Benefits
Presenter: Joel Hayes
Noon brownbag in Courtroom F
1 CLE $20, $10 for new/young lawyers
Tuesday, May 18
Paralegals and All Lawyers
Unauthorized Practice of Law
Presenter: Jim Coyles
Noon at Caplan and Earnest
Lunch $10
1 CLE $20, $10 for new/young lawyers
Thursday, May 20
Civil Litigation Medical-Legal Section
Polishing Your Negotiating Skills to
Maximize Your Position
Presenter: Joe Epstein
3:30 at the Boulder County Justice
Center Courtroom F
1 CLE $20, $10 for new and young lawyers.
Tuesday, May 11
Employment Law
Who is an Employee?
Presenter: Howard Bernstein
Noon at Caplan and Earnest
1 CLE $20, $10 for new/young lawyers
Lunch $10
Wednesday, May 12
Solo/Small Firm Happy Hour
5 PM at The Rib House
Monday, May 17
Taxation, Estate Planning and Probate
Elder Abuse: Overview by Boulder DA's Office
Presenters: Stan Garnett, Karen Peters and
Cynthia Taylor of the DA’s Office
Noon at the Jury Assembly Room
1 CLE $20, $10 for new/young lawyers
Lunch $10
2
Wednesday, May 19
Family Law
Income Tax Issues that Relate to Divorce
and How to Read Financial Documents
Presenter: Pat O’Kelly, CPA, CVA, ABV
Noon brownbag in Courtroom Q
1 CLE $20, $10 for new/young lawyers
Wednesday, May 19
Real Estate
When the Tenant Calls: REnegotiating
Your Leases
Presenter: Mark Senn
Noon at the Boulder Cork
1 CLE $20, $10 for new/young lawyers
Lunch at the Cork $15
Thursday, May 20
Bankruptcy Roundtable Luncheon
Noon at Agave
Friday, May 21
Availability of Legal Services
Noon Brownbag lunch at BCLS office
315 W. South Boulder Road, Suite 205
MAY 2010
DEPORTATION RISK ARISING FROM A PLEA AGREEMENT
so long.” Padilla, No 08-651, Slip.
Opinion. at 1. Padilla relied on this
erroneous advice when he pleaded
guilty to a charge that made deportation virtually mandatory. After
the Supreme Court of Kentucky
denied Padilla post-conviction
relief, the U.S. Supreme Court
granted certiorari and determined
that, for counsel to be “constitutionally competent,” counsel must
have advised Mr. Padilla that his
conviction for drug distribution
made him subject to automatic
deportation.
In a majority opinion by Justice
Stevens, the Court noted that individuals legally present in the United
States, even long term permanent
residents, may be subject to
removal based on criminal convictions. He further noted that in the
past two decades Congress has
enacted significant limitations on
the discretion of immigration
judges and significant expansion of
the types of criminal activity that
can result in deportation. These
changes to immigration laws “have
dramatically raised the stakes of a
non-citizen’s criminal conviction”
and that “the importance of accurate legal advice for non-citizens
accused of crimes has never been
more important.” Padilla, No 08651, Slip. Opinion. at 1.
Because of the complexity of immigration laws, the Court’s holding
does not force criminal defense
attorneys to become experts in
immigration law. When a law is not
succinct and straightforward, a
criminal defense attorney need only
to advise a noncitizen client that
pending criminal charges may carry
adverse immigration consequences.
However, when the deportation
consequence is truly clear, defense
(continued from page 1)
counsel has a duty to give correct
advice concerning the consequences of a guilty plea.
In a concurring opinion, Justice
Alito correctly pointed out that very
few issues in immigration law are in
fact simple and straightforward.
Consequently, he believes that a
simple referral to an immigration
specialist should satisfy defense
counsel’s obligations. However, the
main holding draws a distinction
between succinct and straightforward advice and advice that might
be more complicated. Justice Alito
also noted that there are certain
convictions that may not render a
person deportable but may
nonetheless carry the significant
immigration consequence of making someone ineligible for future
admission to the United States.
Because the majority opinion does
(continued on page 5)
Boulder County Bar Association
Annual Meeting and Dinner
Wednesday, June 9
at the Boulder Country Club
7350 Club House Road in Boulder
5:30 PM Cocktails • 6:15 PM Dinner
$50 per person
Approval of Nominations for Board of Directors
Outstanding Young Lawyer Award
Ron Porter Memorial Award of Merit
and many more honors.
MAY 2010
3
LEARNED INTERMEDIARY DOCTRINE (continued from page 1
past, it has not been directly
addressed by the Colorado appellate courts.11 In Peterson v. Parke
Davis & Co., the Colorado Court of
Appeals stated that the warnings in
a prescription drug manufacturer’s
packaging were addressed to the
physician and that the physician’s
disregard of the manufacturer’s
warnings and instructions rendered
the product defective.12 At the federal level, however The United States
District Court for the District of
Colorado, applying Colorado law,
addressed the issue directly. In 1992,
in Caveny v. CIBA-GEIGY Corp., the
district court held that “it is the
responsibility of the physician, as a
learned intermediary to assess the
risks and benefits of a particular
course of treatment.”13 Yet the discussion on the doctrine in Colorado
went no further until last month.
Adoption of the Learned Intermediary
Doctrine in Colorado
In O'Connell the Colorado Court of
Appeals expressly adopted the doctrine and stated:
...We are persuaded that the learned
intermediary doctrine should apply to
failure to warn claims in the context
of a medical device installed operatively when it is available only to
physicians and obtained by prescription, and the doctor is in a position to
reduce the risks of harm in accordance with the instructions or warnings.14
O’Connell involved a failure to warn
claim stemming from permanent
nerve damage resulting from a surgically implanted external elbow fixator
manufactured by Biomet.15 The fixator is a prescription medical device
regulated by the FDA. Biomet provided a package insert and a surgical
technique manual with the fixator,
which included installation techniques, risks and potential adverse
events in the use and application of
the device. During the installation,
either a screw or the drill bit ripped
out a portion of O’Connell’s radial
never causing permanent injury.16
After the surgery, the operating
physician wrote to Biomet and suggested it revise the instructions and
warnings that accompanied the fixator to address that type of injury.17
(continued on page 10)
4
MAY 2010
DEPORTATION RISK ARISING FROM A PLEA AGREEMENT
not address all immigration consequences and does not draw a bright
line concerning advice, Justice Alito
expects that the decision will result
in confusion and needless litigation.
Given this new landscape for criminal defense attorneys, some basic
understanding of criminal convictions in immigration law may be
helpful in determining when it is
appropriate to provide advice to a
defendant and when to refer a
defendant to an immigration specialist for an opinion.
Non-Citizens Covered by Padilla
The Padilla decision applies to all
non-citizens of the United States.
Generally non-citizens who are
physically present in the United
States will fall into one of the following broad categories:
•Lawful Permanent Resident:
Commonly known as a “green card,”
this status authorizes a person to
live and work in the United States
permanently. Lawful permanent
residence is typically gained
through an employment or family
relationship although there are
other options for earning this status.
•Non-Immigrant Visa Holders:
Individuals who may remain in the
United States for a specific duration
for a specific purpose.
This
includes visitors for pleasure in the
United States, student visa holders
and individuals allowed in the
United States to work.
•Undocumented
Individuals:
People who have either entered the
United States illegally without
immigration status, or have entered
legally and remained longer than
their authorized period of stay.
Although folks are immediately
MAY 2010
deportable simply by virtue of
having any sort of immigration
tus the Padilla decision does
specifically exclude them from
class of persons covered by
decision.
not
stanot
the
the
Convictions
Resulting
in
Deportation or Removal
Section 237 of the Immigration and
Nationality Act (INA) (8 U.S.C. §
1227) outlines the classes of noncitizens who are subject to deportation or removal from the United
States. Under INA §237(a)(2) (8
U.S.C. § 1227(a)(2)) the following
types of criminal offenses can result
in removal:
•A “crime of moral turpitude” committed within five years after the
date of admission (10 years for certainly lawful permanent residents)
for which sentence of one year or
(continued from page 3)
longer
may
be
imposed;
•Conviction of two or more crimes
involving moral turpitude any time
after admission;
•Conviction of an “aggravated
felony” any time after admission;
•Conviction of high speed flight
from an immigration checkpoint;
•Failure to register as a sex offender;
•Conviction of violation or attempt
to violate any law relating to controlled substances other than a single offense involving possession of
30 grams or less of marijuana for
one’s own use;
•Conviction of certain firearms
offenses;
•Crimes of domestic violence;
•Trafficking offenses; and
•Conviction of a number of miscellaneous crimes including those
(continued on page 11
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5
FIND A LAWYER
Expand your business development opportunites by
listing yourself on the BCBA website.
The Find A Lawyer service on the BCBA website will begin annual renewals in May.
If you are already listed you should have received an invoice for your listing
but now is the time for attorneys to sign up if you are not already listed. *
Each day the bar office directs callers who are looking for a lawyer to the website under specialty
headings. Also, when the public searches the CBA website for Boulder County lawyers, the list used
is our Find A Lawyer index. Go to our listings at www.boulder-bar.org to view the many areas
of practice where you may be listed.
Cost for listings:
______ $50 for one listing in Find A Lawyer. Your area of practice: ________________________
______ $25 for each additional area of practice in the Find A Lawyer.
Additional areas of practice:______________________________________________
We will add your website address if you have one.
My website address is _______________________________________________________________
• • • • • • • • • •
Last name______________________ First Name____________________M.I.____
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Please complete this form and mail to 1942 Broadway, Suite 205, Boulder, CO 80302. If this is a new listing for Find A
Lawyer, please send your check payable to BCBA. Call with questions: 303.440.4758.
Thank you for giving us the opportunity to help you build your practice.
* If you have a listing in Find A Lawyer, you will have a complimentary listing in Special Area Sections of the 2010-2011
BCBA Annual Membership Directory.
Over Twelve Years of Experience with
• Mediation
• Arbitration
• Settlement Conference Services
Also accepting referrals for personal
injury civil and criminal litigation.
Past President of Colorado Trial Lawyers and Boulder
County Bar Association; Colorado Super Lawyer 2007-2010
Jim Christoph, JD
303.381.2560 [email protected]
6
LAWYER ANNOUNCEMENTS
JUDSON C. HITE
ATTORNEY, PC
Christina Ebner and Kimberly Gent
are pleased to announce
the opening of the firm
Ebner & Gent
2101 Ken Pratt Blvd, Suite 200
Longmont, Colorado 80501
(303) 544-2124
The firm will be specializing in the
areas of mediation,small estates,
Social Security disability, and consulting
in the areas of Social Security
and public benefits.
Is pleased to announce
the opening of a second office:
275 S. Main Street, Suite 201
Longmont, CO 80501
with existing offices:
3100 Arapahoe Avenue, Suite 450
Boulder, CO 80303
available electronically:
Telephone: 303.938.1231
Facsimile 303.938.1526
Email: [email protected]
Continuing to focus on real estate, corporate, land use and
civil litigation, with licenses in Colorado and Illinois.
SPECIAL THANKS TO THE VOLUNTEERS
FOR
LAW DAY ASK - A - LAWYER
ON MAY 1
Volunteer lawyers for Law Day at the Farmers Market: (left to right) Liz
Lane, Mimi Goodman, George Rebertie and Tracy Gann.
Karl Kumli, Kurt Hofgard, Tucker Katz, Jud Hite, Rich Irvin,
Tracy Gann, Gus Michaels, Doug Cook, Liz Lane,
Mimi Goodman, Star Waring, Denean Hill,
Lydia Holzman, Drew Richman, Guy Greenstein,
George Robertie and Brent Warkentine.
7
BCLS 2010 ANNUAL PRO BONO LUNCHEON AND AWARDS CEREMONY
Prof. Deb Cantrell (right) with students from the CU Legal Aid &
Defender Program. Judge Mallard, (second from right) presented
the award for their pro bono hours.
Pro Bono Award for 75 - 150 hours are presented to: Peggy Goodbody,
Chris Jeffers, Josh Anderson, Lauren Ivison, Tucker Katz
and Elizabeth Meyer.
Judge Blum presents the 150- 200 Pro Bono Hours Award to
Susan Bryant, Norton Steuben and Bruce Weine.
Boulder County Legal Services (BCLS)
celebrated the longstanding tradition
of pro bono service in Boulder County
at the Annual Pro Bono Luncheon,
held April 19, 2010, at the Boulder
Marriott. BCLS honored many local
attorneys, mediators, paralegals and
other legal community members who
volunteered 6,600 hours in 2009 to
provide legal services to low-income
and elderly residents of Boulder
County.
BCLS and the Boulder County Bar
Association
honored
Elizabeth
Brodsky with the John Robert Marshall
Award for her dedication to providing
legal services to the poor. Rich Irvin,
president-elect of the Boulder County
Bar Association, presented the award,
which is given annually in honor of
8
President-elect Rich Irvin presents the John Marshall
Pro Bono Award to Elizabeth Brodsky.
John Robert Marshall, a local attorney
who tirelessly advocated for the poor.
Elizabeth Brodsky was recognized for
her profound and enduring commitment to serving the poor. A former
BCLS staff attorney, now working as a
Guardian Ad Litem for children, she
continues her pro bono work in family
law cases. She was honored for the
strong sense of purpose, compassion
and eloquence she brings to her mission of serving poor people.
tion of serving the less fortunate
members of the community.
Among those attending the Pro Bono
Luncheon were fourteen judges and
magistrates of the 20th Judicial District
and Colorado Legal Services Executive
Director Jonathan Asher. The Chief
Judge Roxanne Bailin gave the keynote
talk, emphasizing the ethical obliga-
Award for 75 – 100 Pro Bono Hours:
Josh Anderson, Ann Byrne, Peggy
Goodbody, Christopher Jeffers, Lauren
Ivison, Tucker Katz, Marion McBain
and Elizabeth Meyer.
Among the pro bono service awards
Judges and Magistrates of the 20th
Judicial District presented were:
Award for 50 – 75 Hours:
William Benjamin, Howard Bernstein,
Illona Dotterrer, Christina Ebner,
Mary Louise Edwards, Maureen
Espinoza, Michael Miner, Carissa Sears
and Leonard Tanis.
(continued from page 9)
MAY 2010
PRO BONO PAGE
Pro Bono Referrals
Seventeen cases were referred during March. Thank you to the following attorneys:
Jack Alexson
Jeff Ballas
William Benjamin
Kim Gent
Peggy Goodbody
Judson Hite
Tucker Katz
Robyn Kube
Rachael Lattimer
Elizabeth Meyer
William Meyer
Thomas Moore
Robert Murillo
Curt Rautenstraus
Andrew Rosen
Craig Small
(continued from page 8)
Award for 100 –150 Hours:
David Driscoll and Todd Stahly
Award for 150-200 Hours:
Susan Bryant, Norton Steuben and
Bruce Wiener
Award for 200 and Above Hours:
Renee Ezer, Meg Quiat and
Greg Szydlowski
Awards for 100% Firm Participation:
Cooper Tanis & Cohen
Dale E. Johnson PC
Hutchinson Black & Cook
Jung & Associates PC
Rautenstraus & Joss
Samson Pipis & Marsh
Stone & Rosen PC
Vincent Romeo & Rodriguez
Warren Carlson & Moore
MAY 2010
Pro Se Program Volunteers
Pro Bono Corner
Jeff Ballas
M.L. Edwards
Tucker Katz
Chris Jeffers
Alice Robbins
Helen Stone
Lenny Tanis
BCAP Volunteers
Thank you to the following attorneys who accepted pro bono referrals for the Boulder County AIDS
Project in March:
Donn Alspaugh
Seth Benezra
Bill Benjamin
Paul Bierbaum
Christina Ebner
Ruth Irvin
Laurel Herndern -(Immigrant Legal
Center of Boulder County)
The “Coveted Special Awards”, presented annually to three attorneys
selected for particular recognition,
were the “Extraordinary Pro Se
Program Volunteer Award” presented
to Mary Louise Edwards; the
“Litigator to the Rescue Award” presented to David Driscoll; and the
“Amazing Lawyer Award”, presented
to William D. Meyer.
The students of the CU Legal Aid and
Defender Program, under the direction of Professors Norm Aaronson
and Deborah Cantrell, and the CU
Juvenile Law Clinic, under the direction of Professor Colene Robinson,
were recognized for contributing a
combined 1,500 pro bono hours on
behalf of BCLS clients.
Interested in a Pro Bono case?
Please call Erika at 303-449-2197.
CLE credits available for pro bono
service.
Boulder County
Bar Association
Professionalism Committee
On-Call Schedule
May 3
Lee Strickler
303.443.6690
May 10
Mark Langston 303.440.9684
May 17
Bev Nelson
May 24
Anton Dworak 303.776.9900
May 31
Christie Coates 303.443.8524
303.554.7030
Thanks to the KLACH volunteers
(Kevin Klein Legal Advice Clinic
for the Homeless)
Alex Garlin
Bill Benjamin
Maureen Expinoza
Denean Hill
Steve Wills
David Harrison
Sara Bayko
Dan Shea
Christina Ebner
Joel Hayes
Josh Lindy
Jennifer McGinn
Sarah Croog
Sarah Morrison
9
LEARNED INTERMEDIARY DOCTRINE (continued from page 4)
Limitations
with
Colorado’s
Adoption of the Doctrine
The O'Connell court narrowly tailored adoption of the learned intermediary doctrine specifically to
medical devices, available only to
physicians by way of prescription,
installed by way of operation and
“when the doctor is in a position to
reduce the risks of harm in accordance with the instructions or warnings.”18 This holding leaves open
the question of whether the doctrine would apply to prescription
medical devices not installed via
operation, or devices not available
only to doctors, such as a CPAP
breathing machine. Additionally, on
its face, the final part of the holding
will apparently require intense factual inquiry into the risks and warnings associated with the medical
device and whether the doctor was
in a position to reduce those risks.
Finally, and perhaps most important, O’Connell leaves wide open
the question of whether the doctrine would apply to prescription
drugs and if so, whether under the
reasoning in O'Connell, the doctrine
would be limited to prescription
drugs administered directly by a
doctor.
10
O’Connell’s narrow adoption of the
doctrine likely reflects the recent
refusals by courts to adopt the doctrine wholesale. Indeed, surgically
installed medical devices are quite
different than prescription drugs. In
today’s prescription drug advertising environment, patients may see
an advertisement and conduct an
independent inquiry before asking a
doctor to prescribe the drug. The
most obvious difference is the fact
that a medical device such as the fixator is only available to a prescribing physician and requires installation via operation by a licensed
physician. With a prescription drug
on the other hand, a doctor’s role
often concludes with the diagnosis
and the writing of the prescription –
as prescription drugs are often
taken by the patient without further
supervision.
Conclusion: – The Future of Learned
Intermediary in Colorado
Many issues regarding application
of the doctrine in Colorado will no
doubt be confronted in the wake of
O'Connell. Because the Colorado
Court of Appeals expressly, with
such specific language, carved out
prescription
medical
devices
installed operatively by a physician,
application of the doctrine will necessarily be very limited to cases that
fit a very specific fact pattern.
Indeed, it appears quite clear that
the O’Connell court purposely used
such restrictive and narrow language in order to exclude certain
types of medical devices and perhaps all types of prescription drugs.
Michael J. Laszlo is an attorney with
Laszlo & Associates, LLC in Boulder. He
practices in the areas of drug and
device litigation, general litigation and
business and commercial law.
Footnotes:
1. O'Connell et al. v. Biomet, Inc., et al. Colo.App.
09CA224.
2. As of the time of this publication, it is not
known if O’Connell will be heard by the Colorado
Supreme Court.
3.Restatement (Second) of Torts § 388; see also,
Restatement (Third) of Torts: Products Liability §
6(d) comment e: “the learned intermediary rule is
generally accepted.”
4.Reyes v. Wyeth Laboratories, 498 F.2d 1264,
1276 (5th Cir. 1974).
5. Id.
6.Davis v. Wyeth Labs., Inc., 399 F.2d 121, 130-131
(9th Cir. 1968).
7.Hill v. Searle Labs., Inc., 884 F.2d 1064 (8th Cir.
1989).
8.Nichols v. McNeilab, Inc. 850 F.Supp 562 (E.D.
Mich. 1993).
9. Perez v. Wyeth Labs., Inc., 734 A.2d 1245, 125556 (N.J. 1999).
10.State ex rel. Johnson & Johnson Corp. v. Karl,
647 S.E.2d 899, 911 (W.Va. 2007); Rimbert v. Eli
Lilly & Co., 577 F. Supp.2d 1174, 1222 (D.N.M.
2008).
11.O’Connell, at *3.
12.Peterson v. Parke Davis & Co., 705 P.2d 1001,
1004 (Colo.App. 1985)(“it is that conduct [of the
doctor] which render[ed] the product unreasonably dangerous, and thus defective, and the adequacy of the warning and instructions are not relevant”).
13.Caveny v. CIBA-GEIGY Corp., 818 F.Supp.1404,
1406 (D.Colo.1992).
14. Id.
15.EBI, L.P. manufactured the fixator and is a
wholly owned subsidiary of Biomet.
16.Plaintiffs settled their claims with the operating physician.
17. O’Connell, at *1.
18. Id., at *3.
MAY 2010
CLASSIFIED ADS
DEPORTATION RISK
(contined from page 5)
related to espionage, sabotage, treason
and sedition.
Among the areas that are somewhat
problematic involve defining what is and
what is not a crime involving moral
turpitude, as there is typically a significant analysis in making a determination
of this type under Matter of SilvaTrevino, 24 I. & N. Dec. 687 (A.G. 2008).
In addition, an aggravated felony may or
may not be a traditional “felony” under
criminal law, and a person convicted of a
misdemeanor may be found to have
committed an aggravated felony by an
immigration judge.
Open Questions
Justice Alito’s dissent raises some very
pertinent questions for defense attorneys advising non-citizen clients.
Immigration consequences are rarely
clear. In some cases the consequences
involving inadmissibility under INA §212
(8 U.S.C. §1182), or eligibility for other
immigration benefits such as asylum
under INA §208 (8 U.S.C. §1158), are
equally, if not more important to a
defendant. While time will tell if Justice
Alito’s concerns are warranted, the decision certainly adds yet another layer of
complexity and consideration to the
work of criminal defense attorneys.
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Business and family law experience highly preferred.
Must be organized, a team player and possess superior
technological skills. Salary commensurate with experience. Please send resume to [email protected]
AUTOMATIC TIME TRACKING SOFTWARE
Hate tracking your time? Chrometa automatically captures every second of your billable time - with no interaction or data entry required. Just $79 for BCBA members. www.chrometa.com
BILLING: Experienced and affordable free-lance legal
billing available for small firms/sole practitioners.
Heather at [email protected]
www. frontrangebilling.com
OFFICE SPACE AVAILABLE AT CANYON PROFESSIONAL
BUILDING ACROSS FROM JUSTICE CENTER.
Receptionist, law library, conference room, phones,
parking and other amenities. $550/ month. Month to
month. Call 303-444-1700.
GREAT OFFICE SUITE AT 15TH AND MAIN (630 15TH
AVE. LONGMONT. Professional office suite for lease at
The Evergreen Center, conveniently located on 15th
Avenue.Features include: Shared Conference Room
Reception area; Monument Signage available;
Professionally managed. Please call 303-589-9700.
BOOKKEEPING SERVICE: QuickBooks Bookkeeping for
small law firms; call 720.272.4056; visit
www.sknconsulting. com
MOBILE NOTARY AND CONTRACT PARALEGAL
SERVICES. Civil Litigation. ADC/CJA. Real estate transaction. Roz Lynn Dorf, M.A. 303.494.6935.
LAWRENCE C. RIDER
MEDIATION/ARBITRATION SERVICES
OVER 40 YEARS OF HELPING PEOPLE RESOLVE DISPUTES
CREATIVE SOLUTIONS FOR LANDLORDS/TENANTS,
BUSINESSES AND
FAMILIES,
FROM CHILDREN TO SENIORS.
PHONE: 303 579 5433
[email protected]
Brad Henrick is Special Counsel to the
law firm of Caplan and Earnest, LLC.
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MAY 2010
11
Boulder County Bar Association
1942 Broadway, Suite 205
Boulder, Colorado 80302
Return Service Requested
THE BOULDER COUNTY BAR ASSOCIATION NEWSLETTER IS PUBLISHED MONTHLY BY THE BOULDER COUNTY
BAR ASSOCIATION. ARTICLES BY GUEST LAWYERS MAY
NOT BE REPRODUCED WITHOUT PERMISSION FROM
THE AUTHORS.
Phone: 303.440.4758
1942 Broadway, Suite 205
Boulder, CO 80302
E-mail: [email protected]
www.boulder-bar.org
Executive Director and
Newsletter Editor .................... Christine Hylbert
Executive Assistant ......................Lynne Barnett
Editorial Assistance .......................Barry Satlow