Below you'll find a list of all posts that have been categorized as “Blog”
By Dean Shaffer The Colorado Supreme Court today, in Warne v. Hall, Case No. 14SC176, adopted the stricter civil pleading standard first applied by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Under the new standard, Colorado courts may dismiss claims that are not “plausible,” meaning that plaintiffs must support their claims with factual allegations sufficient …
By Reid J. Allred and Maral Shoaei The Colorado Supreme Court, in a recent opinion, LaFond v. Sweeney, addressed the duties of a manager or member of a limited liability company (“LLC”) under Colorado law upon dissolution and winding up of an LLC. At first glance, LaFond appears to provide some needed clarity to the common-law fiduciary duties owed by …
By E. Job Seese The following is the first in a forthcoming series of blog posts looking at the CAPP Rules and their practical impact on litigation strategy. CAPP’S INTRODUCTION Effective January 2012, the Colorado Supreme Court authorized a pilot program to test a new set of pretrial procedures for civil business cases. The pilot program—known as CAPP (Colorado Civil …
The law governing limited liability companies (“LLCs”) and their members is relatively undeveloped, and it continues to evolve. One important question, for example, is whether the members of an LLC owe fiduciary duties to each other. In a previous blog post, we explored the existing case law on this subject from the corporate and partnership context. And that post concluded that …
CITATION: Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished). RULING: The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir. 2001). In applying those factors to the state court’s attorney fee award, the …
On June 6, 2012, Colorado fundamentally altered the rules that apply to roofers and restoration contractors handling losses on residential property. Governor Hickenlooper signed into law a bill1 that, at first blush, appears aimed at unscrupulous “storm chasers.” The impact of the new statute, however, reaches far beyond its presumptive target. And the law is rife with unintended consequences for everyone …
The American Bankruptcy Institute recently published Mr. Glasser’s summary of a recent decision by the Ninth Circuit BAP. Click here to view the original article. Citation: Beal Bank USA v. Windmill Durango Office, LLC, US Trustee, DP Air Corp., BAP No. NV-11-1728-DKiPa, NV-11-1737-DKiPa (Related appeals) (B.A.P. 9th Cir. July 6, 2012) Ruling: The bankruptcy court did not abuse its discretion by …
The limited liability company (LLC) enabling statutes in some states expressly set forth affirmative duties that LLC members owe to one another.[1] Other state LLC enabling statutes expressly negate such duties.[2] The Colorado Limited Liability Company Act[3] is silent as to whether LLC members owe a fiduciary duty to one another. No published Colorado opinion has yet addressed this issue. When …
Today, the Washington Post is reporting that the venerable law firm of Dewey & LeBoeuf has inched at least one step closer to bankruptcy. Click here for the Post article. If the firm cannot negotiate a merger with Patton Boggs or SNR Denton, the Post article suggests that the end is near. And the departure of top-shelf partners from Dewey & …
Introduction Often companies that contract with parties in various states are faced with litigation across various forums. Being sued in federal and state courts across the United States can be expensive, time consuming and disruptive. To help minimize this problem, businesses sometimes include in their contracts forum-selection clauses, which mandate that any litigation or arbitration be brought in a specific …
