Legal Opinion
Stephan v. Rocky Mountain Chocolate Factory, Inc.
Court of Appeals for the Seventh Circuit
Decided February 13, 1998No. Nos. 96-4171, 97-1798PublishedCited by 18 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
The threshold issue in this appeal is whether a default judgment results in issue preclusion under Colorado law. In an opinion issued on November 10, 1997, we stayed this appeal and certified a question to the Colorado Supreme Court. That court refused the certification without additional comment. In this opinion, we wrestle with how the Colorado Supreme Court would have ruled if it had accepted certification, and conclude it would have found that the default judgment in this case prevents the appellee from litigating his personal liability under a sublease.
I. Background
W…
2Cases cited16 opinions
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Jackson v. R. G. Whipple, Inc.Supreme Court of Connecticut · 1993
- prod.liab.rep.(cch)p. 13,688 Rodney Todd, as Special Administrator of the Estate of Tiffany Todd v. Societe Bic, S.A., and Bic CorporationCourt of Appeals for the Seventh Circuit · 1993
- Evans v. Dunston (In Re Dunston)District Court, D. Colorado · 1992
- TransDulles Center, Inc. v. SharmaSupreme Court of Virginia · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re: John W. Catt, Ii. Appeal Of: Shirley and Gerald HashCourt of Appeals for the Seventh Circuit · 2004
- Gilbert Jarrard v. Cdi Telecommunications, Inc. And Crawford & CompanyCourt of Appeals for the Seventh Circuit · 2005
- Elletson v. RiggleDistrict Court, D. Colorado · 2007
- Hebl v. WindeshausenDistrict Court, W.D. Wisconsin · 2018
- Elbing v. Blair (In Re Blair)United States Bankruptcy Court, E.D. Wisconsin · 2007
13 more not listed; retrieve them via the Exa API.