Posted July 3rd, 2025.
In August 2023, Chipman Glasser first reported that it “Obtain[ed] Complete Defense Verdict in Complex Fraud and Breach of Contract Litigation.”
Since that trial concluded, the Colorado Court of Appeals has issued two opinions arising from the underlying dispute on matters of first impression under Colorado law (2023COA76 and 2025COA55). In both instances, the Court of Appeals affirmed rulings entered in favor of Chipman Glasser clients.
Most recently, the Colorado Court of Appeals issued an opinion in 2025COA55 affirming the verdict and substantive rulings arising from the June 2023 jury trial. In addition to affirming Chipman Glasser’s trial arguments and the trial court’s underlying orders generally, the Colorado Court of Appeals held for the first time that federal bankruptcy law preempts any state law claim for abuse of process where the allegations concern actions committed in bankruptcy. Thus, a litigant who seeks to challenge conduct in a bankruptcy proceeding—even where that conduct bears on substantive claims under Colorado law—must challenge that conduct in the bankruptcy court or its claim is waived. This brings Colorado in line with the majority of jurisdictions to address this issue.
