Statutory 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,...
Read moreIn 2000, the Colorado Supreme Court adopted the “economic loss rule” in Colorado. The rule “provides that a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care...
Read moreCompanies frequently have to determine the value of interests, such as tangible property, stock or other corporate ownership interests, intellectual property, or the overall value of a business. In some instances, these determinations occur in the context of lawsuits. Recognizing the cost, uncertainty, and volatility associated with using lawsuits...
Read moreA recent case from the Colorado Supreme Court-Planning Partners Int’l, LLC v. QED, Inc., No. 11SC961, 2013 CO 43 (Colo. July 1, 2013)-highlights the importance of contractual provisions providing for the recovery of attorneys’ fees, and the language used in those provisions. As many business owners and executives know,...
Read moreMany business owners and executives incorporate mediation and arbitration clauses into their contracts hoping to avoid lengthy, public, unpredictable, and costly lawsuits. Those decisions often make sense because disputes regarding complex and sophisticated commercial issues many times are resolved faster, more predictably, and more efficiently when an arbitrator or...
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