BOULTER v. NOBLE ENERGY INC.

Nos. 21-1384 & 22-1170.

74 F.4th 1285 (2023)

Mike BOULTER; Boulter, LLC; Ralph Nix Produce, Inc.; Barclay Farms, LLC, on behalf of themselves and classes of similarly situated persons, Plaintiffs-Appellants, v. NOBLE ENERGY INC.; Kerr-McGee Oil & Gas Onshore, LP, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 25, 2023.


Attorney(s) appearing for the Case

George A. Barton , Barton and Burrows, LLC, Mission, Kansas ( Stacy A. Burrows , Barton and Burrows, LLC, Mission, Kansas, with him on the briefs), for Plaintiffs-Appellants.

Shannon Wells Stevenson , Davis Graham & Stubbs LLP, Denver, Colorado ( Kyle M. Holter , Davis Graham & Stubbs LLP, Denver, Colorado; Ezekiel J. Williams , Carlos R. Romo , and Spencer R. Allen , Williams Weese Pepple & Ferguson PC, Denver, Colorado; and Barrett H. Reasoner , Anthony N. Kaim , and Shannon N. Smith , Gibbs & Bruns LLP, Houston, Texas, with her on the briefs), for Defendants-Appellees.

Before EID, BALDOCK, and CARSON, Circuit Judges.


Under Colorado law, a change in law may offer a party a second opportunity to litigate an issue that a prior judgment otherwise precludes. But this new legal condition must arise between the preclusive judgment and any subsequent action to have effect. Otherwise, the change cannot offer the second opportunity.

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