Small Business Saturday, a shopping promotion that takes place the Saturday after Thanksgiving, has grown in popularity in response to Black Friday and Cyber Monday (two of the busiest shopping days of the year featuring big box retailers and on-line/e-commerce stores). Small Business Saturday encourages consumers to “shop small,”...
Read moreIn an interesting matter of first impression in Colorado, the Colorado Court of Appeals recently determined that a liquidated damages provision with an option to choose between liquated damages and actual damages is enforceable. The case, Ravenstar LLC v. One Ski Hill Place LLC, 2016 COA 11, concerned contracts...
Read moreThe Colorado Court of Appeals recently held that short-term residential rentals are not commercial use of property within the meaning of restrictive covenants prohibiting commercial use in a residential neighborhood. Houston v. Wilson Mesa Ranch Homeowners Association, Inc., 2015 COA 113 (Aug. 13, 2015). This decision is likely to...
Read moreWith the increasing costs of litigation, many businesses were interested in the Colorado Supreme Court’s ruling in Antero Resources Corp. v. Strudley, 2015 CO 26 (Colo. April 20, 2015). The case addressed whether Colorado trial courts are permitted to change case management requirements to require plaintiffs to produce evidence...
Read moreThe 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,...
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