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Coors Brewing Company v. Jacobs Engineering Group Inc. et al

RESPONSE to 83 MOTION for Judgment on the Pleadings Against Coors' Tort Claims

50 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,488 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,671 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  3. Red Hawk v. Schneider

    493 F.3d 1174 (10th Cir. 2007)   Cited 2,731 times   1 Legal Analyses
    Holding that an allegation that the arbitration panel improperly overruled objections as to venue "because the fact that an arbitration award was held in an improper venue does not call into question the merits of the award."

  4. Dudnikov v. Chalk

    514 F.3d 1063 (10th Cir. 2008)   Cited 950 times   3 Legal Analyses
    Holding that a Colorado court had personal jurisdiction over a defendant despite "the lack of defendants’ physical presence in Colorado" because they acted "with the ultimate purpose of cancelling plaintiffs’ auction in Colorado"

  5. Atlantic Richfield v. the Farm Credit Bank

    226 F.3d 1138 (10th Cir. 2000)   Cited 993 times
    Holding that “[t]he court's duty is to interpret and enforce contracts as written between the parties, not to rewrite or restructure them.”

  6. Dias v. City & County of Denver

    567 F.3d 1169 (10th Cir. 2009)   Cited 648 times
    Holding plaintiffs lacked standing where they did not allege a credible threat of future prosecution

  7. Filak v. George

    267 Va. 612 (Va. 2004)   Cited 474 times
    Holding that "losses suffered as a result of the breach of a duty assumed only by agreement, rather than a duty imposed by law, remain solely in the province of the law of contracts"

  8. Town of Alma v. AZCO Constr., Inc.

    10 P.3d 1256 (Colo. 2000)   Cited 309 times   1 Legal Analyses
    Holding claims of misrepresentation and fraud sound in tort and are designed to remedy economic loss existing independent of contract claims

  9. Richmond Met. Auth. v. McDevitt Street Bovis, Inc.

    256 Va. 553 (Va. 1998)   Cited 264 times   1 Legal Analyses
    Holding that " tort action cannot be based solely on a negligent breach of contract" and contemplating that negligent actions may breach a contract

  10. United Intern. Holdings v. Wharf

    210 F.3d 1207 (10th Cir. 2000)   Cited 238 times
    Holding that misrepresentations made to induce a party to purchase a security or to influence an investment decision are made "in connection with the purchase or sale of a security"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,565 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,164 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 13-20-602 - Actions against licensed professionals and acupuncturists - certificate of review required

    Colo. Rev. Stat. § 13-20-602   Cited 125 times
    Requiring a certificate of review as condition precedent to bringing an action for damages against a licensed professional

  14. Section 13-20-601 - Legislative declaration

    Colo. Rev. Stat. § 13-20-601   Cited 14 times   1 Legal Analyses
    Stating that certificate of review is required in malpractice actions where "expert testimony would be necessary to establish a prima facie case"

  15. Section 54.1-100 - Regulations of professions and occupations

    Va. Code § 54.1-100   Cited 3 times

    The right of every person to engage in any lawful profession, trade, or occupation of his choice is clearly protected by both the Constitution of the United States and the Constitution of the Commonwealth of Virginia. The Commonwealth cannot abridge such rights except as a reasonable exercise of its police powers when (i) it is clearly found that such abridgment is necessary for the protection or preservation of the health, safety, and welfare of the public and (ii) any such abridgment is no greater

  16. Section 54.1-400 - Definitions

    Va. Code § 54.1-400   Cited 1 times   1 Legal Analyses

    As used in this chapter unless the context requires a different meaning: "Architect" means a person who, by reason of his knowledge of the mathematical and physical sciences, and the principles of architecture and architectural design, acquired by professional education, practical experience, or both, is qualified to engage in the practice of architecture and whose competence has been attested by the Board through licensure as an architect. The "practice of architecture" means any service wherein

  17. Section 18VAC10-20-690 - Responsibility to the public

    18 Va. Admin. Code § 10-20-690

    The primary obligation of the regulant is to the public. The regulant shall recognize that the health, safety, and welfare of the general public are dependent upon professional judgments, decisions, and practices. If the judgment of the regulant is overruled resulting in circumstances when the health, safety, or welfare of the public is endangered, the regulant shall inform the employer , client, and appropriate authorities in writing of the possible consequences . 18 Va. Admin. Code § 10-20-690

  18. Section 18VAC10-20-730 - Competency for assignments

    18 Va. Admin. Code § 10-20-730

    A. The professional shall undertake to perform professional assignments only when qualified by education or experience, or both, and licensed or certified in the profession involved. Licensed professionals may perform assignments related to interior design provided they do not hold themselves out as certified in this profession unless they are so certified by this board. The professional may accept an assignment requiring education or experience outside of the field of the professional's competence