McAULIFFE v. VAIL CORP.

No. 21-1400.

69 F.4th 1130 (2023)

Michael McAULIFFE; Mckenna Connolly; Stephen Conti; Steven Beiley; Terry Chechakli; Norman Cheney; Matthew Balkman, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. The VAIL CORPORATION, d/b/a Vail Resorts Management Company; Vail Resorts, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED June 6, 2023.


Attorney(s) appearing for the Case

Nyran Rose Rasche , Cafferty Clobes Meriwether & Sprengel LLP, Chicago, Illinois ( Katherine D. Varholak and Melissa K. Reagan , Sherman & Howard, Denver, Colorado; and Bryan L. Clobes , Cafferty Clobes Meriwether & Sprengel LLP, Media, Pennsylvania, with her on the briefs), for Plaintiffs-Appellants.

Michael J. Hofmann , Bryan Cave Leighton Paisner, LLP, Denver, Colorado ( David L. Miller , Bryan Cave Leighton Paisner, LLP, Denver, Colorado; and Darci Madden , Bryan Cave Leighton Paisner, St. Louis, Missouri, with him on the brief) for Defendants-Appellees.

Before HOLMES, Chief Judge, McHUGH, and EID, Circuit Judges.


In March 2020, as COVID-19 spread across the United States, The Vail Corporation and Vail Resorts, Inc. (collectively, "Vail") closed its ski resorts and did not reopen them until the start of the 2020-2021 ski season. Plaintiffs-Appellants ("Passholders") are a group of skiers and snowboarders who purchased Epic Passes from...

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