The long-established American Rule provides that each party to a lawsuit generally pays their own attorneys’ fees, regardless of whether they win or lose. Exceptions altering this rule include contract provisions and various statutes. To discourage frivolous lawsuits concerning tort claims, Colorado has enacted Colorado Revised Statute section 13-17-201,...
Read moreA July 9, 2014 Tenth Circuit Court of Appeals decision makes it potentially easier for litigants to pursue defamation claims. In Brokers’ Choice of America, Inc. v. NBC Universal, Inc. the court decided that “the totality of circumstances must be considered when litigating a defamation claim.” Brokers’ Choice of...
Read moreWithout personal jurisdiction over the defendant in a lawsuit, the court lacks authority to make decisions binding on the defendant. Personal jurisdiction does not exist when the defendant lacks constitutionally required “minimum contacts” with the state where the lawsuit is filed. Critically, though, appearing before a court without first...
Read moreTo prevail on a fraudulent concealment claim in Colorado, one must prove: (1) concealment of a material fact that in good conscience should be disclosed; (2) knowledge of the concealment by the party defending against the claim; (3) ignorance of the fact concealed by the party asserting the claim;...
Read moreStatutory time limits for filing lawsuits (often called statutes of limitation) are regularly tolled by mutual agreement, and sometimes are extended based on a court’s equity powers. Yet, in certain circumstances, such statutory time limits cannot be extended. To determine whether an applicable statute of limitation can be tolled,...
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