Legal Opinion

Harper Hofer & Assocs., LLC v. Nw. Direct Mktg., Inc.

Colorado Court of Appeals

Decided November 6, 2014No. Court of Appeals No. 13CA1844PublishedCited by 1 opinion

1Opinion of the Court

Opinion by JUDGE GRAHAM

¶ 1 As a matter of first impression in Colorado, we must determine whether participation in an arbitration waives a party's *661objection to the existence of a contract that contains an arbitration clause. We conclude that it does. Defendants, Northwest Direct Marketing, Inc., Northwest Direct Marketing of Oregon, Inc., and Northwest Direct Teleservices, Inc., appeal the trial court's judgment in favor of plaintiff, Harper Hofer & Associates, LLC, affirming an arbitration award in favor of plaintiff and assessing additional collection costs and attorney fees. We conclude…

2Cases cited28 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 2006
  3. Green Tree Financial Corp. v. BazzleSupreme Court of the United States · 2003
  4. Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
  5. In Re the Arbitration Between National Cash Register Co. & WilsonNew York Court of Appeals · 1960

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3Cited by1 opinion

  1. State v. MurphyHawaii Supreme Court · 1978

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