United States Tenth Circuit

In a contract dispute arising out of the sale of a National Football League franchise, a jury verdict dismissing a breach of warranty claim is affirmed where jury instructions were proper and defendants were not judicially estopped from offering their defense. However, denial of judgment as a matter of law for defendants is reversed where a verdict that defendants breached a right of first refusal was contrary to governing Colorado law.

Appellate Information

• Decided 08/02/2006
• Published 08/02/2006

Judges

• LUCERO, Circuit Judge., Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• G. Stephen Long (John D. Phillips, William E. Quirk, and Bennett L. Cohen with him on the briefs), Shughart, Thomson & Kilroy, P.C., Denver, CO, for the Plaintiff-Appellant/Cross-Appellee., Sean Connelly of Hoffman, Reilly, Pozner & Williamson, LLP, Denver, CO (Daniel M. Reilly and Wendy B. Fisher of Hoffman, Reilly, Pozner & Williamson, LLP, Denver, CO;  Richard P. Slivka, Denver Broncos Football Club, Englewood, CO;  with him on the briefs), for the Defendants-Appellees/Cross-Appellants.