Legal Opinion
Carruthers v. Carrier Access Corp.
Colorado Court of Appeals
Decided October 28, 2010No. 09CA2138PublishedCited by 30 opinions
1Opinion of the Court
Opinion by
Judge J. JONES.
Does section 8-4-110(1), C.R.S.2010, of the Colorado Wage Claim Act, sections 8-4-101 to -128, C.R.S8.2010 (the Wage Act), allow a court to award attorney fees to an employer that prevailed on an employee's Wage Act claim only if the employee's claim was frivolous? We hold that it does not: the court may make such an award in its discretion even if the claim was not frivolous. Therefore, we affirm the district court's order directing plaintiff, Philip Carruthers, to pay attorney fees to prevailing defendants, Carrier Access Corporation and Turin Networks, Ine.…
2Cases cited65 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Hughes v. RoweSupreme Court of the United States · 1980
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
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3Cited by30 opinions
- Krol v. CF & I SteelColorado Court of Appeals · 2013
- Core-Mark Midcontinent, Inc. v. Sonitrol Corp.Colorado Court of Appeals · 2012
- People v. ShifrinColorado Court of Appeals · 2014
- Vanderpool v. LoftnessColorado Court of Appeals · 2012
- Grandote Golf & Country Club, LLC v. Town of La VetaColorado Court of Appeals · 2011
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