Legal Opinion

Van Rees v. Unleaded Software, Inc.

Colorado Court of Appeals

Decided December 5, 2013No. Court of Appeals No. 12CA1014PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

JUDGE FOX

¶ 1 Plaintiff, John Van Rees, Sr., contends that the trial court erred in dismissing his claims against defendant. Unleaded Software, Inc. As an apparent issue of first impression, we interpret the scope and applicability of Colorado’s economic loss rule in the context of three agreements for the design and maintenance of a website. We' hold that under the economic loss rule, no independent duty exists for tort claims of fraud, fraudulent concealment, constructive fraud, or negligent misrepresentation when the alleged misrepresentations and false statements are about the…

2Cases cited24 opinions

  1. Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
  2. BRW, Inc. v. Dufficy & Sons, Inc.Supreme Court of Colorado · 2004
  3. Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.Supreme Court of Colorado · 2003
  4. Denver Post Corp. v. RitterSupreme Court of Colorado · 2011
  5. Cosmopolitan Homes, Inc. v. WellerSupreme Court of Colorado · 1983

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3Cited by4 opinions

  1. In re Myford Touch Consumer LitigationDistrict Court, N.D. California · 2014
  2. Van Rees v. Unleaded Software, Inc.Supreme Court of Colorado · 2016
  3. Electrology Laboratory, Inc. v. KunzeDistrict Court, D. Colorado · 2016
  4. 9586 LLC v. Great American Group LLC (In re Abound Solar Manufacturing, LLC)United States Bankruptcy Court, D. Delaware · 2016

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