United States Tenth Circuit

In a lawsuit arising after plaintiffs failed to repay a construction loan made by plaintiff-bank, summary judgment against defendants-homeowners on all claims and on their counterclaims is affirmed where: 1) a contract counterclaim, based on an alleged breach of the contractually implied duty of good faith and fair dealing arising from bank's failure to oversee the construction, was barred by a provision in the parties' agreement; 2) for purposes of negligent-misrepresentation counterclaims, one alleged misrepresentation regarding the contractor was nonactionable puffery and the others lacked the requisite state of mind; 3) bank did not have a duty to disclose negative information regarding the construction or the contractor; and 4) bank's advertising slogan did not violate the Colorado Consumer Protection Act.

Appellate Information

• Decided 12/31/2009
• Published 01/02/2009

Judges

• HARTZ, Circuit Judge., Before TACHA, HARTZ, Circuit Judges, and DEGIUSTI, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Daniel Fowler (Katherine Taylor Eubank with him on the briefs), of Fowler, Schimberg & Flanagan, P.C., Denver, CO, for Appellants.


• For Appellees:
  
• John Palmeri of Gordon & Rees, LLP, Denver, CO, (Heather K. Kelly of Gordon & Rees;  and Michael T. McConnell, Walter N. Houghtaling, Robert W. Steinmetz of McConnell Siderius Fleischner Houghtaling & Craigmile, LLC, Denver, CO, with him on the brief) for Appellee.