breach of contract
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Adams County waited too long to challenge DIA’s noise modeling system, Colorado justices rule
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Adams County and its municipalities waited two decades too long to sue Denver over its failure to use a noise monitoring system at Denver International Airport, the Colorado Supreme Court ruled on Monday, permitting the continued use of an outdated and inaccurate method for modeling noise instead. The ruling comes at a time of significant…
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Federal judge balks at idea of swapping plaintiff, defendant days before C-470 express lanes trial
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A federal judge on Thursday refused a bizarre request to let the defendant become the plaintiff in a trial over who breached what contract in the construction of the C-470 express toll lanes south of Denver. Originally, AECOM Technical Services, Inc. filed suit for breach of contract, claiming it was owed over $5 million from…
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Colorado Supreme Court sides with defendants in appeals of high-dollar awards
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The Colorado Supreme Court on Monday upheld a state law that caps the amount of money defendants must secure while they appeal their loss in a civil case. The decision implicated two competing concerns: First, ensuring that the losing party in a civil case has the meaningful ability to appeal a high-dollar verdict against them.…
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Colorado’s justices weigh immunity for municipalities acting as housing developers
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Members of the Colorado Supreme Court appeared skeptical this week of the idea that local governments lose their immunity under state law when they act as affordable housing developers. The Colorado Governmental Immunity Act broadly shields public entities from lawsuits over injuries they cause. Although there are exceptions to the immunity, the purpose of the…
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Colorado Supreme Court wary of letting Adams County sue Denver over airport noise monitoring
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Three years after a trial judge concluded Denver breached its agreement with Adams County to use a monitoring system for reporting excessive noise levels at Denver International Airport, the Colorado Supreme Court is weighing whether Adams County actually missed its opportunity to sue – by 20 years. The airport opened in 1995 after Denver annexed 55…
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CSU may be sued for refunds following COVID-19 campus closure, appeals court rules
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Colorado’s second-highest court ruled last week that a class action lawsuit against Colorado State University may proceed, based on allegations the institution unjustly enriched itself by suspending in-person activities at the outset of the COVID-19 pandemic without refunding tuition or student fees. A three-judge panel for the Court of Appeals agreed, by 2-1, it was…
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Nurse permitted to sue over Community College of Denver’s statement she did not graduate
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A Brighton woman who worked for 15 years as a nurse after graduating from the Community College of Denver may sue the school for its representation that she never received a degree, a career-altering allegation that reportedly plunged her into unemployment and foreclosure. The state’s Court of Appeals earlier this month reversed a decision by…
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10th Circuit mulls reinstating lawsuit against Vail Resorts for early COVID-19 closure
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As the federal appeals court based in Denver considers whether to revive a lawsuit against Vail Resorts from passholders seeking refunds for the 2019-2020 ski season, the company’s lawyer defended its actions to halt operations at the dawn of the deadly COVID-19 pandemic. “People were gonna die. So we closed,” Michael J. Hofmann told the U.S.…
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Federal judge tosses lawsuit against Douglas County school district from defunct charter group
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A federal judge has thrown out a lawsuit from a now-dissolved charter school group against the Douglas County School District, saying the plaintiffs waited too long to sue the district for terminating its contract. Milestone Academy, formed by a group of Douglas County residents, submitted a charter school application to the school district’s board of…
