DENVER — The Colorado Supreme Court has ruled the two- to three-year statute of
limitations under the Colorado Wage Claim Act applies to claims brought under the Colorado Minimum Wage Act. The unanimous decision in “By the Rockies LLC v. Perez” reverses an earlier appellate ruling that applied a six-year period for liquidated debts.
The Colorado Chamber of Commerce, which joined the U.S. Chamber of Commerce in filing an amicus brief in the case, praised the ruling. Chamber President and CEO Loren Furman
said the decision “ensures that Colorado employers don’t face overly burdensome record-keeping requirements and provides consistency between state and federal law.”
The Court’s ruling aligns the limitations period with the state’s three-year recordkeeping requirement for employers and federal labor law, providing additional clarity for businesses facing minimum wage disputes.
To read the prior amicus brief, visit www.uschamber.com/assets/documents/U.S.-Chamber-Coalition-Amicus-Brief-By-the-Rockies-LLC-v.-Perez-Colo.-S.-Ct.pdf.
Arnold & Porter Wins Summary Judgment for Vail Health in Antitrust Case
DENVER — Arnold & Porter secured a major victory for Vail Health in a federal antitrust case seeking more than $25 million in damages, after the U.S. District Court for the District of Colorado granted the health system’s motion for summary judgment on Sept. 10.
The lawsuit, Sports Rehab Consulting LLC et al. v. Vail Clinic, Inc., was filed in 2019 and alleged monopolization of the Vail Valley physical therapy market between 2012 and 2020, under Section 2 of the Sherman Act. The court’s 28-page order granted complete relief to Vail Health and awarded substantial costs, eliminating the prospect of a February 2026 trial.
Arnold & Porter joined the litigation in 2021 and led the defense through summary judgment. The ruling follows a recent Colorado appellate decision affirming Vail Health’s earlier state court win in related proceedings.
The defense team was led by partner Evan Rothstein with partners Colin O’Brien and Scott Lent, and associates Leah Schultz, Sam Sullivan, David Jelsma, Eliza Buergenthal, Andrew Ellingsen, and Mikaila Skaroff.