Chris Bermel, Petitioner v. Blueradios, Inc., Respondent

Summary

The court held that Colorado's judge-made economic loss rule does not bar a statutory civil-theft claim merely because the same conduct also breaches a contract. Separation-of-powers principles prevent judicial policy from restricting a legislatively created remedy, particularly one addressing intentionally wrongful conduct and economic loss. The court affirmed the court of appeals and remanded for further proceedings concerning the wage claim and statutory fees and costs. Justice Gabriel, joined by Justice Hart, dissented, concluding that the civil-theft claim was an intertwined contract claim barred by the economic loss rule and conflicted with the trade-secrets statute.