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BRISTOL BAY PRODUCTIONS, LLC v. LAMPACK

Supreme Court Case No. 12SC139.

312 P.3d 1155 (2013)

2013 CO 60

BRISTOL BAY PRODUCTIONS, LLC, f/k/a Crusader Entertainment, LLC, Petitioner v. Peter LAMPACK; The Peter Lampack Agency, Inc.; Simon & Schuster, Inc.; and Penguin Group USA, Inc., Respondents.

Supreme Court of Colorado.

Rehearing Denied November 35, 2013.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber LLP, Frederick J. Baumann , Jesús M. Vázquez , Denver, Colorado, O'Melveny & Myers LLP, Marvin S. Putnam , Jessica Stebbins Bina , Los Angeles, California, Attorneys for Petitioner.

Haddon, Morgan and Foreman, P.C., Ty Gee, Denver, Colorado, Attorneys for Respondents Peter Lampack and The Peter Lampack Agency, Inc.

Wheeler Trigg O'Donnell LLP, N. Reid Neureiter , Denver, Colorado, Attorneys for Respondent Simon & Schuster, Inc.

Dorsey & Whitney LLP, Gregory S. Tamkin , Van Aaron Hughes , Denver, Colorado, Attorneys for Respondent Penguin Group (USA), Inc.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, William K. Rounsborg , Greenwood Village, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

En Banc

CHIEF JUSTICE BENDER delivered the Opinion of the Court.

¶ 1 Bristol Bay Productions, LLC brought claims against author Clive Cussler in California for fraud based on allegations that he had misrepresented his readership figures. Bristol Bay alleged that Cussler misrepresented his readership figures by claiming that he had sold over 100 million books when, in fact, the figure was closer to 40 million. According to Bristol Bay, it was fraudulently induced by Cussler...

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