5 Colorado opinions name it 2 courts 1994–2025 1 in the last five years
The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dennis I. Spencer Contractor, Inc. v. City of Auroragreen2 sentences2025Id. at 502-03 ; see also Spencer, 884 P.2d at 330 n.11 (explaining the net judgment rule). 2010Spencer Contractor, Inc., 884 P.2d at 332 (a party prevails if the issue of liability is resolved in its favor, even where damages are not awarded); cf City of Westminster v. Centric-Jones Constructors, 100 P.3d 472, 481 (Colo.App.2008) (nominal damages are recoverable for a breach of contract even if no actual damages resulted and could support cost award as prevailing party under the net judgment rule). © B. | 2 | 4 |
City of Westminster v. Centric-Jones Constructorsgreen1 sentence2010Spencer Contractor, Inc., 884 P.2d at 332 (a party prevails if the issue of liability is resolved in its favor, even where damages are not awarded); cf City of Westminster v. Centric-Jones Constructors, 100 P.3d 472, 481 (Colo.App.2008) (nominal damages are recoverable for a breach of contract even if no actual damages resulted and could support cost award as prevailing party under the net judgment rule). © B. | 1 | 1 |
Harris Market Research, & Counterclaim v. Marshall Marketing and Communications, Inc., & Third-Party v. Larry R. Harris, Third-Partygreen2 sentences2003In Spencer Contractor, the supreme court referred to the net judgment rule expressed in Harris Market Research v. Marshall Marketing & Communications, Inc., 948 F.2d 1518 (10th Cir.1991). 2003Research v. Marshall Mktg. & Communications, Inc., supra, 948 F.2d at 1528 (giving deference to the trial court's application of a net judgment analysis and recognizing that "there can be only one prevailing party and one award of attorneys' fees"). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wheeler v. T.L. Roofing, Inc.
green
2 sentences2025Id. at 502-03 ; see also Spencer, 884 P.2d at 330 n.11 (explaining the net judgment rule). 2025On appeal, a division of this court concluded the trial court didn’t abuse its discretion by applying the net judgment rule and rejected the plaintiff’s contention that “there can be two prevailing parties where both parties breach the contract.” Wheeler, 74 P.3d at 503 ; see also Lawry, 192 P.3d 570 (affirming trial court’s determination that neither party prevailed because both parties had succeeded on their respective breach of contract claims). ¶ 56 The facts here are different than Wheeler. | 1 | 2025–2025 |
Rohr v. Ted Neiters Motor Co.
green
2 sentences1995Hence, we conclude that the net judgment rule should not be applied under the facts of this case so as to make defendant the “winning party.” Insofar as Rohr v. Ted Neiters Motor Co., 758 P.2d 186 (Colo.App.1988) applies the net judgment rule to permissive counterclaims unrelated to the lawfulness of the employer’s withholding of wages under the act, we are persuaded that it goes beyond the purpose of § 8-4-114 and decline to follow it. 1995Hence, we conclude that the net judgment rule should not be applied under the facts of this case so as to make defendant the “winning party.” Insofar as Rohr v. Ted Neiters Motor Co., 758 P.2d 186 (Colo.App.1988) applies the net judgment rule to permissive counterclaims unrelated to the lawfulness of the employer’s withholding of wages under the act, we are persuaded that it goes beyond the purpose of § 8-4-114 and decline to follow it. | 1 | 1995–1995 |
Roa v. Miller
green
2 sentences1994The court of appeals' decision in Roa v. Miller, 784 P.2d 826 (Colo.App.1989), is consistent with our holding. 1994Because the trial court found that Aurora breached both the construction agreement and the settlement agreement, we need not consider the net judgment rule in greater detail at this time. [12] The court of appeals' decision in Roa v. Miller, 784 P.2d 826 (Colo.App.1989), is consistent with our holding. | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.