Legal Opinion · Dissent

Bristol Bay Productions, LLC v. Lampack

Supreme Court of Colorado

Decided October 21, 2013No. Supreme Court Case No. 128C139Published

1DissentJustice Rice

150 The doctrine of issue preclusion should not deprive plaintiff Bristol Bay of its opportunity to litigate whether defendants Simon & Schuster and Penguin (collectively "the Publishers") caused Bristol Bay harm by misrepresenting data related to author Clive Cussler's readership, books in print, and books sold.

1 51 The final judgment in the California fraud case between Bristol Bay and defendants Cussler and Cussler's agent, Peter Lampack, only determined that Bristol Bay's reliance on misrepresentations made by Cus-sler himself, and by Cussler through Lam-pack, were not a "substantial…

2Cases cited9 opinions

  1. Bebo Construction Co. v. Mattox & O'Brien, P.C.Supreme Court of Colorado · 1999
  2. Tonko v. MallowSupreme Court of Colorado · 2007
  3. Sunny Acres Villa, Inc. v. CooperSupreme Court of Colorado · 2001
  4. Kret v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
  5. Vinton v. VirziSupreme Court of Colorado · 2012

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