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Date: 02-22-2023
Case Style:
Robert Steven Kramer, et al. v. Alterra Mountain Company, et al.
Case Number: 1:20-cv-01057
Judge: Raymond P. Moore
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney:
Defendant's Attorney: Andrew Michael Unthank, Kathryn A. Reilly, Michael Ernest Williams, Natalie Elizabeth West, Robert Michael Schwartz, Ryan William Cooke, Shon Morgan
Description: Denver, Colorado consumer law lawyers represented class action Plaintiffs who sued Defendants on breach of contract theories.
Plaintiffs and putative class members purchased "Ikon Passes"1 for the 2019-2020 ski season from Defendants. On March 15, 2020, Defendants suspended operations of their ski resorts in North America due to the COVID-19 pandemic. Eleven putative class actions have been filed under various theories because Defendants have allegedly refused to refund the unused value of the Ikon Passes.
28 U.S.C. 1332, et seq. was enacted in 2005 and makes federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $5 million; where the class comprises at least 100 plaintiffs; and where there is at least "minimal diversity" between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant). The court, however, may decline jurisdiction under certain circumstances and is required to decline jurisdiction in others. The Act also directs the courts to give greater scrutiny to class action settlements, especially those involving corporations.
Outcome: Final judgment in favor of Plaintiffs for unknown sums.
Plaintiff's Experts:
Defendant's Experts:
Comments: