economic loss rule
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Colorado justices agree fraud claims belong in corporate dispute
The Colorado Supreme Court decided on Tuesday that a corporate plaintiff validly pursued fraud claims over conduct that was not covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty, independent from any contract,…
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Colorado justices consider whether fraud claims belong in corporate dispute
The Colorado Supreme Court considered on Tuesday whether it is possible for a corporate plaintiff to pursue fraud claims over conduct that could be covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty,…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Colorado Supreme Court rejects attempt to blur lines in construction industry lawsuit
The Colorado Supreme Court on Monday reiterated that breach of contract lawsuits are distinct from negligence lawsuits, and an insurance company had chosen the wrong path when it attempted to recover nearly $483,000 from an allegedly negligent construction company. For decades, the court has recognized that some civil liability claims like negligence are meant to…
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Colorado Supreme Court hears plea to open up path for construction defects lawsuits
For decades, the Colorado Supreme Court has recognized that some civil liability claims like negligence are meant to protect all citizens from harm without the need for an agreement or contract. On the other hand, parties can enter into contracts and litigate breach of contract lawsuits when someone fails to respect the bargain. To reinforce…
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Colorado Supreme Court shoots down condo association’s lawsuit against Aspen for construction defects
The Colorado Supreme Court clarified on Monday that litigants may not use a judicial doctrine focused on breaches of contract to sue municipalities for negligently constructed housing, effectively sidestepping the broad immunity state law provides to government entities. The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause.…
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Colorado Supreme Court to review limits on negligence claims in case over Denver restaurant fire
The Colorado Supreme Court announced on Monday that it will review whether a judicially created rule barring certain types of negligence claims applies when a defendant acts recklessly to cause an injury. At least three of the court’s seven members must agree to take up an appeal. The justices also signaled they may intervene in…
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State Supreme Court takes control of sprawling property tax challenges in wake of pandemic
The Colorado Supreme Court has assumed control over four virtually identical cases at the unusual behest of the state’s Court of Appeals, wading into a flood of challenges filed by commercial property owners who want counties to reduce the value of their properties because of the COVID-19 pandemic. Eleven lawsuits, each spear-headed by the same…
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State Supreme Court to examine foreclosure timeline, narrowly turns down DUI appeals
The Colorado Supreme Court has agreed to review a lower court’s ruling that banks and mortgage lenders argue gives an improper incentive to rapidly foreclose on certain homeowners. On Monday, the justices announced they will hear the case of U.S. Bank National Association v. Silvernagel, which centers on Colorado’s six-year statute of limitations for lenders to foreclose…