Legal Opinion
MAKOTO USA, INC. v. Russell
Colorado Court of Appeals
Decided November 25, 2009No. 08CA1372PublishedCited by 17 opinions
1Opinion of the Court
Opinion by
Judge CONNELLY.
A jury found for plaintiff, Makoto USA, Inc., on three claims against defendants, Paul R. Russell, Alysn Hassenforder, and Inner Quests, Inc. The third claim, a theft claim under Colorado's stolen property statute, § 18-4-405, C.R.8.2009, resulted in a trebled judgment and an award of attorney fees. Defendants' appeal challenges the judgment on this third claim only. We hold this theft claim was precluded by the economic loss rule, and so we reverse the judgment and fee award on that claim.
I. Background
This case arises out of an asset purchase agreement in which…
2Cases cited12 opinions
- Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
- BRW, Inc. v. Dufficy & Sons, Inc.Supreme Court of Colorado · 2004
- Grynberg v. Agri Tech, Inc.Supreme Court of Colorado · 2000
- Hamon Contractors, Inc. v. Carter & Burgess, Inc.Colorado Court of Appeals · 2009
- Haynes Trane Service Agency, Inc. v. American Standard, Inc.Court of Appeals for the Tenth Circuit · 2009
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3Cited by17 opinions
- In re Myford Touch Consumer LitigationDistrict Court, N.D. California · 2014
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- Selco Community Credit Union v. Noodles & Co.District Court, D. Colorado · 2017
- DREAM FINDERS HOMES LLC, a Florida limited liability company, and DFH Mandarin, LLC, a Florida limited liability company, and v. WEYERHAEUSER NR COMPANY, a Washington corporation, and Cross-Appellee.Colorado Court of Appeals · 2021
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