The Importance Of Preserving A Personal Jurisdiction Defense

Without 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 objecting to the court’s lack of jurisdiction can waive a defendant’s personal jurisdiction defense. The Colorado Court of Appeals recently examined personal jurisdiction in Giduck v....
No comments

Fraudulent Concealment Claims Require Actual, Rather Than Imputed, Knowledge

To 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; (4) the defending party’s intent that the concealment be acted upon; and (5) action based on the concealment resulting in damages. Kopeikin v. Merchs. Mortg. &...
No comments

Parties Cannot Always Extended Statutory Time Limits for Filing Lawsuits

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, a potential litigant must first determine whether the limitation is jurisdictional. If so, under Colorado law, exceeding the time limit destroys the right to bring the...
No comments