Won remand of purported $5 million in contempt fines.
WTO was hired to represent a retailer in the appeal of a lower court's finding of contempt and related penalty of $10,000 per day in sanctions since April 2014. The plaintiff-appellee alleged that our client had breached the terms of a settlement agreement related to a real estate dispute. WTO argued on appeal that the district court improperly simultaneously modified the settlement agreement and held our client in contempt of it, assessing the onerous penalty until our client complied. By the time the appeal was heard, the purported fines had climbed to an alleged $5 million.
Following oral arguments, the Colorado Court of Appeals vacated the district court’s ruling, nullifying the sanctions. The appellate court also ordered the district court to issue further findings under the non-modified order. In the meantime, WTO is representing the client in a companion appeal regarding the merits of the case.