HIGHLIGHTS

“This week, Chief Judge Brimmer of the United States District Court for the District of Colorado (“USDC”) analyzed in Commissiong v. The Center at Lincoln, LLC (the “TCL Suit”) the question of which statutory provision governs the statute of limitations for civil theft claims under Colorado law.  The Court ultimately held that Colo. Rev. Stat. § 13-80-101(1)(h) controls, thereby imposing a three-year statute of limitations for civil theft claims, which at least helps to resolve a long-unsettled question as to whether civil theft claims are governed by a three-year limitations period under Section 13-80-101 or a two-year limitations period for tort actions, generally.”