Level 3 Communications, LLC v. Liebert Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing duty to disclose between two parties who directly contracted for the sale and purchase of batteries
• observing that verdict reversal is appropriate only if jury “might have based its verdict” on a “legally erroneous jury instruction” (quotations omitted)
• explaining that under Colorado law, courts must examine contractual terms and accept to determine the intent of the parties
• noting that “[c]ourts in Colorado ‘have found the conduct of the parties before the controversy arose to be a reliable test of their interpretation of the agreement’”
• explaining that under Colorado law, an independent tort duty “serves as the boundary between contract and tort law, permitting only those tort claims that allege such a duty has been breached”
• providing that we interpret contracts to give effect to all provisions

Source: CourtListener parenthetical corpus (CC0).