§Why CasetextPricing

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

RESPONSE to Motion re MOTION for Partial Summary Judgment

82 Cited authorities

  1. 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.”

  2. Conaway v. Smith

    853 F.2d 789 (10th Cir. 1988)   Cited 1,359 times
    Holding that speech concerning "substandard electrical work, which, [plaintiff] felt, posed danger to public life, health, and safety" was on matters of public concern

  3. 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"

  4. 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

  5. Bread Political Action Committee v. Federal Election Commission

    455 U.S. 577 (1982)   Cited 142 times
    Holding sworn affidavits of senators who prepared original draft expressing their view on coverage of statute cannot be given probative weight because it represents only personal views of legislator

  6. 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

  7. 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"

  8. Amoco Oil Co. v. Ervin

    908 P.2d 493 (Colo. 1995)   Cited 252 times
    Holding that under Colorado law, "[t]ortious interference with a prospective business relation requires a showing of intentional and improper interference preventing formation of a contract"

  9. Quern v. Mandley

    436 U.S. 725 (1978)   Cited 132 times
    In Quern, the Supreme Court affirmed an order requiring state officials "to send a mere explanatory notice to members of the plaintiff class advising them that there are state administrative procedures available by which they may receive a determination of whether they are entitled to past benefits."

  10. BRW, Inc. v. Dufficy & Sons, Inc.

    99 P.3d 66 (Colo. 2004)   Cited 173 times   3 Legal Analyses
    Holding that economic loss rule barred negligence claims because duty to perform in a non-negligent manner was provided for by contract

  11. Section 4-2-719 - Contractual modification or limitation of remedy

    Colo. Rev. Stat. § 4-2-719   Cited 18 times

    (1) Subject to the provisions of subsections (2) and (3) of this section and of section 4-2-718 on liquidation and limitation of damages: (a) The agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (b) Resort to a remedy

  12. Section 4-2-106 - Definitions: "contract" - "agreement" - "contract for sale" - "sale" - "present sale" - "conforming" - "termination" - "cancellation" - "hybrid transaction"

    Colo. Rev. Stat. § 4-2-106   Cited 7 times

    (1) In this article unless the context otherwise requires, "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (section 4-2-401). A "present sale" means a sale which is accomplished by the making of the contract. (2) Goods or conduct including any part of a performance

  13. 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

  14. Section 54.1-411 - Organization for practice; registration

    Va. Code § 54.1-411   Cited 1 times

    A. Nothing contained in this chapter or in the regulations of the Board shall prohibit the practice of architecture, engineering, land surveying, landscape architecture or the offering of the title of certified interior designer by any corporation, partnership, sole proprietorship, limited liability company, or other entity provided such practice or certification is rendered through its officers, principals or employees who are correspondingly licensed or certified. No individual practicing architecture

  15. Section 2.2-4335 - Public construction contract provisions barring damages for unreasonable delays declared void

    Va. Code § 2.2-4335   Cited 1 times

    A. Any provision contained in any public construction contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages for unreasonable delay in performing such contract, either on his behalf or on behalf of his subcontractor if and to the extent the delay is caused by acts or omissions of the public body, its agents or employees and due to causes within their control shall be void and unenforceable as against public policy. B. Subsection A shall not

  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