Colorado Supreme Court Conforms Pleading Standard to Federal Practices

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 …

Discharged Company Officer And Founder Settles Derivative Action and Wrongful Termination Suit on Favorable Terms

Chipman Glasser, LLC represented the founder and president of a high-tech bio-pharmaceutical company who was abruptly discharged after he brought to the company’s attention several questionable business practices. On the client’s behalf, the firm asserted claims of wrongful termination under the state whistleblowing law and brought a derivative action on behalf of the company. The case settled on terms favorable …

French Investment Banker Dismissed From Colorado Lawsuit Involving An Alleged Investment In Cyprus—Followed By A Fee Award

Chipman Glasser, LLC recently defended a party who was belatedly brought into a multi-national case by a third-party plaintiff. The lawsuit involved parties and alleged conduct spanning four continents, and our client, a Swiss businessman with no connection whatsoever to Colorado, filed a motion to dismiss for lack of personal jurisdiction. Under the applicable rules, the client was required to file his …

Underground Utility Contractor Awarded Damages For Unpaid Construction Costs

Following a four-day jury trial, Chipman Glasser, LLC secured a verdict in favor of an underground utility contractor. Our to installed the sewer and water system for a private developer. But upon completion of the project, the developer refused to pay the final invoice, raising various complaints about the quality of the work. The case involved conflicting expert testimony regarding alleged …

Reid Allred Presentation for the Colorado Microbusiness Alliance

Chipman Glasser partner, Reid Allred, will be giving a presentation for the Colorado Microbusiness Alliance on two nights next week—September 8, 2015 in Parker, Colorado and September 9, 2015 at Westminster, Colorado. Mr. Allred will be speaking about how business owners can effectively structure their businesses to avoid personal liability and minimize taxes. The presentation will include real-life experiences to …

Does LaFond Address Common Law Fiduciary Duties of LLC Members?

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 …

Assessing CAPP, Part I: Impact on the Motion to Dismiss Strategy

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 …

Revisiting Fiduciary Duties of Members of Colorado LLCs

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 …

Fee Awards Are Only Non-Dischargeable Only If The Applicable Statute Proscribes Conduct That Violates § 523

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 …

Restoration Construction: Navigating The New Rules In Colorado

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 …