Colorado Trial Courts Denied Authority To Modify Certain Case Management Requirements

With 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 essential to their claims before discovery. Some courts have used such orders to reduce the burden and expense faced by defendants. The Colorado Supreme Court, however,...
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Colorado Revised Statute 13–17–201 And Attorneys’ Fees In Colorado

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, which permits awards of attorneys’ fees in tort actions dismissed under Colorado Rule of Civil Procedure 12(b). The Colorado Court of Appeals examined section 13-17-201 in...
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Defamation Claims – The Tenth Circuit Decides Statements Should Be Examined In Context

A 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 America, Inc. v. NBC Universal, Inc., No. 11-1042 (10th Cir. July 9, 2014). Select objectionable and shocking phrases, regardless of the accuracy of the statements, cannot...
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