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Won a $50M Colorado Supreme Court Victory for Denver International Airport

Date: 01.29.24

WTO represented Denver International Airport in its Colorado Supreme Court victory that overturned a $50 million judgment and an adverse decision in the court of appeals following a decades-long series of contract disputes.

In a unanimous opinion, the Colorado Supreme Court dismissed a contract suit filed by a group of local governments against Denver International Airport. Press including Law360 and The Denver Post covered the opinion.

In 2018, the local governments sued Denver for breach of contract over provisions in a 1988 agreement governing airport noise management. Denver hired WTO as lead appellate counsel after an adverse bench trial ruling and an unsuccessful appeal to the Colorado Court of Appeals. In the Colorado Supreme Court, WTO argued that the lower courts incorrectly applied Colorado’s statute of limitations for breach of contract actions, creating a split with other jurisdictions and incentivizing plaintiffs to unfairly delay pursuing their claims while their potential damages grow exponentially. The Court unanimously agreed with WTO’s arguments. 

The Court’s opinion brings clarity to the state’s statute of limitations for contract disputes, creates certainty for businesses evaluating contractual risk, and keeps Colorado commercial law consistent with other states. 

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