Supreme Court of Colorado
In Re the State of Colorado ex rel. Cynthia H. Coffman
July 5, 20162016 Colo. LEXIS 680
Summary
The court held that accurately disclosing a price does not automatically defeat a deceptive-trade-practices claim when the alleged deception concerns whether the price was falsely represented as an actual, necessary, and reasonable cost. It further held that market-rate evidence was directly relevant to the State's CCPA theory and disgorgement calculations, so the trial court abused its discretion by excluding that evidence and limiting the expert's testimony. Justice Gabriel, joined by Justice Hood, dissented and would have dismissed the original proceeding because the trial court had repeatedly expressed the same understanding of the State's claims before the challenged orders.