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MAYOTTE v. U.S. BANK NATIONAL ASSOCIATION

No. 20-1027.

985 F.3d 1248 (2021)

Mary M. MAYOTTE, Plaintiff-Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4; and Wells Fargo Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED January 22, 2021.

Attorney(s) appearing for the Case

Brad Kloewer , Cain & Skarnulis, Salida, Colorado, on behalf of the Plaintiff-Appellant.

Andrew M. Jacobs , Snell & Wilmer, Phoenix, Arizona ( Anna M. Adams , Snell & Wilmer, Denver, Colorado, with him on the briefs), on behalf of the Defendants-Appellees.

Before HOLMES, BACHARACH, and EID, Circuit Judges.

This appeal grows out of the interplay between remedies for tort and breach of contract. Remedies are often broader for tort than for breach of contract, and claimants often seek the broader tort remedies for conduct considered wrongful only because it violates a contractual duty. To enforce the limits on contractual remedies...

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