Brandon Coats v. Dish Network LLC, 2013COA62 (April 25, 2013)

Despite rumors to the contrary, the use of medical marijuana is not a “lawful activity” under Colorado law; at least not under CRS 24-34-402.5, the Lawful Activities Statute protecting employees from termination for off-the-job activities. Plaintiff, a quadriplegic, is licensed to use medical marijuana. Defendant fired plaintiff after he tested positive for marijuana, which was a violation of its drug policy. The court of appeals, applying the ordinary meaning of “lawful activity” as used in section 24-34-402.5, held plaintiff’s medical marijuana use, unlawful under federal law, was not “lawful.” Although defendant defeated plaintiff’s claim, it was not entitled to attorneys’ fees pursuant to CRS 13-17-201, mandating fee awards, because the claim was not a “tort.” First, it is not an invasion of privacy tort and second, it lacks the general characteristics of a tort.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2013/12CA0595%20&%2012CA1704-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8922&courtid=1

CERTIORARI GRANTED

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2 Comments

Filed under Appellate Review Challenged

2 responses to “Brandon Coats v. Dish Network LLC, 2013COA62 (April 25, 2013)

  1. Pingback: Colorado Supreme Court to live video stream oral argument in 13SC394 (Brandon Coats v. Dish Network, LLC.) | Colorado Litigation Report ™

  2. Pingback: Colorado Supreme Court to Live Stream Oral Argument | lawofficesofdanieltgoodwin

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