After a 2022 departure from top verdicts focusing mostly on business disputes, roughly a third of the state’s top verdicts in 2023 were related to breach of contract claims. More than half of the top 10 verdicts in 2022 involved medical malpractice or personal injury.
For 2023, other high-dollar-amount verdicts came from product liability, patent infringement, wrongful death, defamation and personal injury cases. Two of the top 10 verdicts for 2023 list Xcel Energy as a defendant.
The following case information was collected and shared with Law Week by The Jury Verdict Reporter of Colorado.
$37,969,200 (gross) and $5,000,000 (gross)
Chris Covelli and Kathi Covelli v. Toyota Motor Corporation
Case No.: 2021 CV 78
Judge: Weld County District Court Judge Todd Taylor
Trial Dates: July 24 – Aug. 4, 2023
Plaintiff’s Attorneys: T. Thomas Metier and R. Todd Ingram (Metier Law Firm, LLC), Fort Collins, Colorado; Anthony Bolson (Bolson Law, LLC), Denver, Colorado; and Devin Daines (Illumine Legal, LLC), Denver, Colorado
Defendant’s Attorneys: Clarissa Collier and Meghan Frei Berglind (Wheeler Trigg O’Donnell, LLP), Denver, Colorado
Type of Claim: Product liability – defective design of 2019 Toyota Tundra, and loss of consortium.
Verdict Summary:
Chris Covelli was driving his 2019 Toyota Tundra D-Cab pickup on Sept. 25, 2019. That morning, Darin Potts failed to stop at the intersection of Weld County Roads 23 and 70 and struck the right rear passenger side of Covelli’s truck, causing it to roll. As a result of the collision and rollover, Covelli sustained catastrophic injuries including permanent quadriplegia. Kathi Covelli claimed loss of consortium as a result of her husband’s injuries. The Covellis alleged the Toyota Tundra was defective in design and unreasonably dangerous. Toyota Motor Company denied the 2019 Tundra was defective and denied negligence. Toyota asserted Darin Potts was negligent and at fault for the injuries and damages claimed by the Covellis. Injuries Alleged: Chris Covelli: Permanent quadriplegia. His past medical expenses were $3,911,644.16, and he claimed future medical expenses of $12,545,400; past lost earnings of $995,800 and $3,059,600 for impaired earning capacity, plus non-economic losses and damages for physical impairment. Kathi Covelli: Loss of consortium.
Verdict: For Chris Covelli: $8,000,000 for non-economic losses; $20,969,200 for economic losses; $9,000,000 for physical impairment or disfigurement. Total for Chris Covelli: $37,969,200 (gross). 90% negligence charged to Toyota; 10% negligence charged to the non-party Darin Potts. For Kathi Covelli on her loss of consortium claim, $5,000,000 (gross).
Note: Post-trial motions are pending. Toyota filed an appeal.
$39,000,000
Duke University and Allergan Sales v. Sandoz Inc.
Case No.: 2018 CV 997
Judge: U.S. District Court Judge Raymond Moore
Trial Dates: March 27-31, 2023
Plaintiff’s Attorneys: Lisa Pensabene, Hassen Sayeed, Caitlin Hogan, James Yi Li, Carolyn Wall, and Lindsay Hersh Autz (O’Melveny & Myers, LLP), New York, New York; Timothy Durst (O’Melveny & Myers, LLP), Dallas, Texas; and Kathryn Reilly and Jacob Rey (Wheeler Trigg O’Donnell, LLP), Denver, Colorado
Defendant’s Attorney: Thomas Filarski (Steptoe & Johnson, PLLC), Chicago, Illinois; Richard Kornfeld (Recht & Kornfeld, PC), Denver, Colorado; Vishal Gupta (Steptoe & Johnson, PLLC). New York, New York; Robert Kappers and Katherine Tellez (Steptoe & Johnson, PLLC), Chicago, Illinois
Type of Claim: Patent infringement
Verdict Summary:
Duke University owns a patent for eyelash-growth serum Latisse®. Duke University licensed its rights to Allergan Sales. Duke alleged Sandoz infringed claim 30 of the ‘270 patent and claimed the infringement caused damages to Duke. The parties stipulated Sandoz’s sale of a generic version of Latisse® constituted infringement if the patent is valid. Duke withdrew the claim of willfulness during trial. Sandoz, a division of the Novartis Group, asserted invalidity based on obviousness, lack of an adequate written description and lack of enablement. Sandoz also disputed the amount of damages claimed by Duke. Damages alleged included approximately $43 million in lost profits.
Verdict: For Duke on the patent infringement claim, $39,000,000. The jury found Sandoz didn’t prove claim 30 of the ‘270 patent was invalid due to obviousness, lack of adequate written description or lack of enablement.
Note: Post-trial motions are pending.
$31,800,000 (gross)
Estate of Carol Ross v. Xcel Energy
Case No: 2020 CV 33286
Judge: Denver District Court Judge Stephanie Scoville
Trial Dates: Feb. 6-23, 2023
Plaintiff’s Attorneys: Michael Burg, Holly Kammerer, Shane Fulton and Jessica Prochaska (Burg Simpson Eldredge Hersh & Jardine, PC), Englewood, Colorado
Defendant’s Attorney: Aditi Kulkarni-Knight, Claire Mueller, Tess Hand-Bender and Jacqueline Roeder (Davis Graham & Stubbs, LLP), Denver, Colorado
Type of Claim: Wrongful death/outrageous conduct claims by Derek Ross and Tanya Weindler; negligence and extreme and outrageous conduct (claims by Sandra Staley, Paul Staley, Gloria Achenbach, Ronald Achenbach and Judy De Tar); and claim of negligent infliction of emotional distress (by Sandra Staley)
Verdict Summary:
On Nov. 16, 2018, there was a gas explosion at 13962 East Linvale Place at Heather Gardens. Heather Gardens Association had contracted with Comcast of Colorado to install underground fiber optic cable. Comcast subcontracted with Integrated Communication Service for excavation. Integrated Communication Service subcontracted with Bohrenworks LLC, which performed some excavation work and further subcontracted with Underground Communications. During the project, an excavator struck an underground gas line owned by Xcel Energy, and the strike released natural gas into the area followed by an explosion. Carol Ross lived near the area where the gas was released and was killed by the explosion. Her family brought a wrongful death claim. Other plaintiffs who were residents of Heather Gardens brought claims for injuries and damages related to the explosion. The plaintiffs claimed Xcel Energy was negligent, reckless, willful and wanton in its operations prior to the explosion and in its response when the explosion occurred. The plaintiffs alleged Xcel Energy failed to follow safety regulations and pipeline protection regulations, failed to properly train its employees, failed to perform required safety inspections, failed to give warning letters to excavators that hit Xcel lines prior to the 2018 explosion and failed to fine excavators that hit Xcel’s gas lines. The plaintiffs said excavators hit three lines within two weeks prior to the explosion at Heather Gardens, and Xcel failed to issue a stop work order. Xcel Energy admitted it owned and operated the underground gas line. Xcel denied it was negligent and denied causation of plaintiffs’ injuries or damages. Xcel claimed the plaintiffs’ damages were caused by the negligence or fault of other non-parties, including the project owners and excavators and the inaction of Aurora Fire Rescue.
Verdict: For the plaintiffs Derek Ross and Tanya Weindler on the wrongful death claim, $15,000,000 (gross). For the plaintiff Sandra Staley on her personal injury claim: $6,000,000 for non-economic damages; $300,000 for physical impairment. Total for Sandra Staley: $6,300,000 (gross). For the plaintiff Paul Staley on his personal injury claim, $3,500,000 for non-economic damages (gross). For the plaintiff Ronald Achenbach on his personal injury claim, $3,250,000 non-economic losses (gross). For the plaintiff Gloria Achenbach on her personal injury claim, $2,000,000 non-economic losses (gross). For the plaintiff Judy DeTar on her personal injury claim $1,500,000 for non-economic losses; $325,000 for economic losses. Total for Judy DeTar: $1,825,000 (gross). Total damages for all plaintiffs: $31,800,000 (gross). The jury apportioned negligence as follows: 12% negligence charged to Xcel Energy; 18% negligence charged to the non-party Aurora Fire Rescue; 14% negligence charged to non-party Comcast; 14% negligence charged to Integrated Communication Service; 26% negligence charged to the non-party Bohrenworks; 9% negligence charged to the non-party Underground Construction; 7% negligence charged to Heather Gardens Association. The jury found the plaintiffs were not entitled to punitive damages as a result of the conduct of Xcel Energy.
$14,600,000 and $11,850,000
CORE Electric Cooperative f/k/a Intermountain Rural Electric v. Xcel Energy
Case No.: 2021 CV 32787
Judge: Denver District Court Judge Shelley Gilman
Trial Dates: Oct. 3-25, 2023
Plaintiff’s Attorneys: Perry Glantz, Ryan Sugden and Judith Araujo (Stinson, LLP), Denver, Colorado, and Jeremy Root (Stinson LLP), Jefferson City, Missouri
Defendant’s Attorney: Laurence DeMuth III (Faegre Drinker Biddle & Reath, LLP), Boulder, Colorado; James Hartnett, Peter Magnuson, Hannah Leiendecker and Aaron Van Oort (Faegre Drinker Biddle & Reath, LLP), Minneapolis, Minnesota
Type of Claim: Breach of contract, breach of implied duty of good faith and fair dealing and negligence. At the close of CORE’s case, the court granted Xcel’s motion for a directed verdict on CORE’s claim for waste
Verdict Summary:
CORE Electric Cooperative is based in Sedalia, Colorado, and was formerly known as Intermountain Rural Electric. Xcel Energy is the primary owner and operator of the Comanche Station Unit 3 power plant. CORE, a minority owner of the plant, alleged breach of contract based on the finishing superheater incidents, L-1 blade failure incident, turbine lube oil incident, coal pile incident, elevated heat rate or settlement agreement related to the Electric Resource Plan; breach of the implied duty of good faith and fair dealing based on the settlement agreement related to the Electric Resource Plan; and negligence related to the breaker incident. CORE claimed Xcel failed to properly operate the plant pursuant to agreements between the parties and to prudent utilities practice. Xcel claimed it honored all its contractual obligations and operated the Comanche power plant prudently. Xcel denied CORE suffered monetary damages because of its alleged breaches.
Verdict: For CORE on the breach of contract claim in connection with the turbine lube oil incident, $14,600,000. For Xcel and against CORE on CORE’s breach of contract claims in connection with the finishing superheater incidents, elevated heat rate, coal pile incident, L-1 blade failure incident and the settlement agreement related to the Electric Resource Plan. For Xcel on CORE’s claim that it was entitled to withdraw from the Project Agreement. For Xcel on the claim of breach of implied duty of good faith and fair dealing. For CORE on the claim of negligence in connection with the breaker incident, $11,850,000.
Note: On Nov. 3, 2023, the court entered an amended order of judgment for CORE for the jury’s awards of $14,600,000 and $11,850,000 plus $5,494,863.38 in prejudgment interest through Nov. 1, 2023. Xcel filed a motion for JNOV on the awards of lost profits damages.
$13,675,000 and $7,600,000
Kenneth Wayne Hamp v. Steven Karl Herron and Cynthia Hayek v. Steven Herron
Case Nos.: 20 CV 30070 was consolidated with 2021 CV 8
Judge: Routt County District Court Judge Michael O’Hara III
Trial Dates: Oct. 23 – Nov. 22, 2023
Attorneys: For Kenneth Hamp (on his affirmative claims): Christopher Decker (Decker & Jones), Denver, Colorado; Jeffrey Lippa (Williams Weese Pepple & Ferguson, PC), Denver, Colorado, and Lindsay Aherne, James Prochnow and Jonathan Cyprys (Greenberg Traurig, LLP), Denver, Colorado. For Cynthia Hayek (on her affirmative claims): Michael McCurdy and Jason Robinson (Fairfield and Woods, PC), Denver, Colorado. For Kenneth Hamp (on the claims against him): Brendan Friedman and Ed Shepyer (Lasater & Martin), Greenwood Village, Colorado. For Cynthia Hayek (on the claims against her): Zachary Wagner, Emma Knight, and Joshua Raaz (Hall & Evans, LLC), Denver, Colorado. For Steven Herron: Darrell Waas and Kathryn Hopping (Waas Campbell Rivera Johnson & Velasquez, LLP), Denver, Colorado. For Christine Herron: Kenzo Kawanabe, Sean Grimsley, and Abigail Hinchcliff (Olson Grimsley Kawanabe Hinchcliff & Murray, LLC), Denver, Colorado
Type of Claim: Defamation, outrageous conduct, malicious prosecution and abuse of process, and request for punitive damages (Kenneth Hamp’s claims against Steven Herron); outrageous conduct, abuse of process and conspiracy, and request for punitive damages (Cynthia Hayek’s claims against Steven Herron); and outrageous conduct and conspiracy (Cynthia Hayek’s claims against Christine Herron). Counterclaim: defamation and request for punitive damages (Steven Herron’s claims against Cynthia Hayek.)
Verdict Summary:
Cynthia Hayek and Steven Herron were married and had three children. At some point after their 2016 divorce, Hayek began a romantic relationship with Kenneth Hamp and Steven Herron began a relationship with (and later married) Christine Herron. Hayek and Steven Herron’s post-divorce relationship was contentious, in part, due to the Herrons’ attempts to gain sole custody and parenting time over the children. After these attempts failed, in 2019, the Herrons made false statements that Hayek and Hamp abused the children. Hamp and Hayek have vehemently denied any abuse occurred. Nevertheless, the Herrons’ statements triggered investigations, findings and charges of abuse by law enforcement (including the Routt County Department of Human Services, Steamboat Police Department and Routt County District Attorney’s office) and Hayek ultimately lost custody of her children. In 2020 and 2021, law enforcements’ findings and charges were dismissed/overturned in their entirety.
Around this same time, Hamp and Hayek filed this civil suit to expose the Herrons’ false and malicious narrative of child abuse. The defendants denied the plaintiffs’ allegations. Steven Herron counterclaimed against Cynthia Hayek for defamation.
Before trial, the court granted summary judgment in favor of Kenneth Hamp and against Steven Herron on all of Herron’s counterclaims against Kenneth Hamp. The court granted partial summary judgment in favor of Cynthia Hayek on some of Steven Herron’s counterclaims against her. The court granted partial summary judgment in favor of Steven Herron and Christine Herron on some of Cynthia Hayek’s claims against them.
Verdict: For Kenneth Hamp and against Steven Herron on the claims of outrageous conduct, malicious prosecution, abuse of process and defamation: $175,000 economic damages; $3,500,000 non-economic damages; $10,000,000 punitive damages. Total for Kenneth Hamp and against Steven Herron: $13,675,000. For Cynthia Hayek and against Steven Herron on the claims of outrageous conduct, abuse of process and conspiracy: $1,100,000 for economic damages; $1,500,000 for non-economic damages; $4,000,000 punitive damages. For Cynthia Hayek and against Christine Herron on claims of outrageous conduct and conspiracy: $1,000,000 for non-economic damages. Total for Cynthia Hayek: $7,600,000. For Cynthia Hayek and against Steven Herron on his counterclaim of defamation.
Note: Post-trial motions are pending.
$12,370,000
Melissa Schwartz as successor conservator for Matthew Farrell, plaintiff-creditor, v. Castle Rock Senior Living et al
Case No.: 2022 CV 30760
Judge: Douglas County District Court Judge Andrew Baum
Trial Dates: Dec. 4-15, 2023
Plaintiff’s Attorneys: Jerome Reinan and Jordana Griff Gingrass (Law Offices of J.M. Reinan, PC), Denver, Colorado, and Porya Mansorian (Mansorian Law Group), Denver, Colorado
Defendant’s Attorneys: Thomas Quinn, Tamara Seelman, Katherine Cunliffe and Megan Jones (Gordon Rees Scully Mansukhani LLP), Denver, Colorado; Jacob Hollars and Troy Rackham (Spencer Fane LLP), Denver, Colorado; Edward Hafer (Quintairos, Prieto, Wood & Boyer P.A.), Denver, Colorado
Type of Claim: Colorado Uniform Fraudulent Transfer Act, civil conspiracy, Colorado Organized Crime Control Act, conspiracy to commit COCCA
Verdict: For the plaintiff, $12,370,000.
Note: Final judgment is pending in this case.
$5,249,692 and $6,014,538
Harvey Sender, as Receiver for Gary Dragul; GDA Real Estate Services, LLC and GDA Real Estate Management, LLC, v. Marlin Hershey and Performance Holdings, Inc.
Case No.: 2020 CV 30255
Judge: Denver District Court Judge Andrew Luxen
Trial Dates: Oct. 30 – Nov. 6, 2023
Plaintiff’s Attorneys: Patrick Vellone (Allen Vellone Wolf Helfrich & Factor, PC), Denver, Colorado
Defendant’s Attorney: Marlin Hershey: Pro Se; Performance Holdings, Inc.: Not represented and did not participate at trial.
Type of Claim: Violation of Colorado Securities Act, civil theft, violation of Colorado Organized Crime Control Act, aiding and abetting under the Colorado Organized Crime Control Act, negligence, negligent misrepresentation, fraudulent transfer and unjust enrichment.
Verdict: For the defendant Marlin Hershey and against the plaintiff on plaintiff’s Securities Act claim, civil theft claim and claim of aiding and abetting under COCCA. For the plaintiff and against defendant Marlin Hershey on the negligence claim, $1,760,000. For the plaintiff and against the defendant Performance Holdings on the negligence claim, $1,760,000. For the plaintiff and against defendant Marlin Hershey on the claim of negligent misrepresentation, $200,000. For the plaintiff and against defendant Performance Holdings on the claim of negligent misrepresentation, $200,000. For the plaintiff and against the defendant Marlin Hershey on the violation of COCCA, $1,760,000. For the plaintiff and against defendant Performance Holdings on the COCCA claim, $1,760,000. For the plaintiff and against defendant Marlin Hershey on the fraudulent transfer claim, $0. For the plaintiff and against defendant Performance Holdings on the fraudulent transfer claim, $764,846. For the plaintiff and against the defendant Marlin Hershey on the unjust enrichment claim, $1,529,692. For the plaintiff and against defendant Performance Holdings on the unjust enrichment claim, $1,529,692. For the plaintiff and against defendant Performance Holdings on plaintiff’s claim for securities fraud and/or substantial assistance under the CSA, $0. For the plaintiff and against defendant Performance Holdings on the claim of civil theft, $0.
Note: Total damages for the plaintiff and against defendant Marlin Hershey: $5,249,692. Total damages for the plaintiff and against Performance Holdings, Inc: $6,014,538
$5,020,000
Emanuel Caro and Maribel Guerrero n/k/a Maribel Caro v. Earl Richard Mick Jr. and Swift Transportation Co. of Arizona, LLC
Case No.: 2020 CV 32171
Judge: Denver District Court Judge Jill Dorancy
Trial Dates: Jan. 23 – Feb. 1, 2023
Plaintiff’s Attorneys: Peter M. Anderson (Law Offices of Peter M. Anderson), Longmont, Colorado
Defendant’s Attorneys: For Earl Richard Mick Jr.: Jamey Jamison and Dino Moncecchi (Harris, Karstaedt, Jamison & Powers), Englewood, Colorado. For Swift Transportation Co. of Arizona: Daniel Bristol, Robert Weiner and Katherine Hoffman (Hall & Evans, LLC), Denver, Colorado
Type of Claim: Personal injury – multiple vehicle rear-end collision: pickup truck/semi-truck collision. Loss of consortium. Admitted liability for compensatory damages
Verdict Summary:
Emanuel Caro’s claim for punitive damages was bifurcated, and was set to begin immediately after the compensatory damages phase of the trial; however, the parties settled the punitive damages claim after the compensatory damages trial. On Sept. 27, 2018, defendant Earl Mick Jr. was working for Swift Transportation Co. of Arizona and was within the course and scope of his employment. He was driving a tractor-trailer that was hauling a 20,718-pound load. The tractor-trailer struck the rear of Caro’s pickup truck, and other vehicles. Mick and Swift admitted liability and admitted that Caro was injured. The defendants denied the nature and extent of Caro’s claimed injuries and damages and claimed the Caros failed to mitigate their damages. Maribel Caro claimed loss of consortium. The Caros sought exemplary damages based on Mick’s alleged driving under the influence of drugs; however, that claim was bifurcated and settled after trial.
Verdict: For Emanuel Caro: $1,000,000 for non-economic losses; $3,020,000 for economic losses $1,000,000; for physical impairment. Total for Emanuel Caro: $5,020,000. For Maribel Caro on her loss of consortium claim, $100,000.
Note: The parties settled the punitive damages claim for a confidential amount. The Caros are seeking prejudgment and post judgment interest. Swift Transportation Co. of Arizona plans to appeal based on voir dire questions about intoxication and other information the jury heard about alleged driving under the influence.
$3,377,747
Considine Investment Company v. All Copy Products, Inc. d/b/a Verticomm
Case No.: 2022 CV 32935
Judge: Denver District Court Judge J. Eric Elliff
Trial Dates: Sept.18-22, 2023
Plaintiff’s Attorneys: Michael Williams and Jennifer Oxley (Wheeler Trigg O’Donnell, LLP), Denver, Colorado
Defendant’s Attorney: Derek Anderson and Susie Youn (Winget, Spadafora & Schwartzberg, LLP), Boulder, Colorado
Type of Claim: Breach of contract and fraudulent misrepresentation
Verdict Summary:
Considine Investment Company is a family-owned investment company. All Copy Products provides managed IT services through its Verticomm division. Considine and All Copy entered into a contract for Verticomm to provide managed IT services to Considine. Subsequently, cybercriminals waged a months-long attack against Considine and stole millions of dollars. Considine alleged All Copy breached the contract and made false representations that induced Considine to enter into the contract with Verticomm. All Copy denied it breached the agreement and denied it made any false or misleading statements to Considine.
Verdict: For Considine on the breach of contract claim, $3,377,747. For Considine on the fraudulent misrepresentation claim, $3,377,747. The jury found that Verticomm willfully and wantonly breached the contract.
Note: The court entered judgment for Considine for $3,377,747 in actual damages plus $561,257.55 in prejudgment interest. The court denied Verticomm’s motion for JNOV. Additional post-trial motions are pending.
$1,779,182.10
Xuanzhi Bai and Junchen Dai v. Shoyu Denver, LLC and Zuoquan Lin
Case No.: 2021 CV 31019
Judge: Arapahoe County District Court Judge Ben L. Leutwyler III
Trial Dates: July 10 – 14, 2023
Plaintiff’s Attorneys: Christopher Davlin (Robinson & Henry, PC), Denver, Colorado
Defendant’s Attorney: Charles McIntyre IV (AQMN Law), Lakewood, Colorado
Type of Claim: Breach of contract, civil conspiracy, fraudulent concealment, civil theft and breach of fiduciary duty. Trial to the court on plaintiffs’ equitable claims of promissory estoppel and unjust enrichment. Counterclaim: declaratory judgment
Verdict Summary:
Xuanzhi Bai and Junchen Dai claimed they entered into an oral contract with Shoyu Denver, LLC and Zuoquan Lin in which Bai and Dai would receive 40% membership in Shoyu Denver, LLC, and 40% of the profits of the Shoyu sushi restaurant. Bai and Dai alleged Shoyu and Lin excluded them from membership in Shoyu Denver and failed to make profit payments to them. Shoyu and Lin denied they entered into a partnership with Bai and Dai and denied they were entitled to any share of the profits of the restaurant. Shoyu and Lin counterclaimed against Bai and Dai for declaratory judgment (that they were not members of Shoyu Denver, LLC). At the close of evidence, Shoyu and Lin’s counterclaim for frivolous, groundless or vexatious action was dismissed.
Verdict: For Junchen Dai and against Zuoquan Lin on the breach of contract claim, $593,060.70. For Junchen Dai and against Zuoquan Lin on the civil conspiracy claim, $593,060.70. For Junchen Dai and against Zuoquan Lin on the fraudulent concealment claim, $593,060.70. For Junchen Dai and against Zuoquan Lin on the civil theft claim, $593,060.70. For Junchen Dai and against Shoyu Denver, LLC on the civil theft claim, $593,060.70. For Junchen Dai and against Zuoquan Lin on the breach of fiduciary duty claim, $593,060.70. For Xuanzhi Bai and against Zuoquan Lin on the breach of contract claim, $593,060.70. For Xuanzhi Bai and against Zuoquan Lin on the civil conspiracy claim, $593,060.70. For Xuanzhi Bai and against Zuoquan Lin on the fraudulent concealment claim, $593,060.70. For Xuanzhi Bai and against Shoyu Denver on the civil theft claim, $593,060.70. For Xuanzhi Bai and against Zuoquan Lin on the civil theft claim, $593,060.70. For Xuanzhi Bai and against Zuoquan Lin on the breach of fiduciary duty claim, $593,060.70.
Note: The court found Bai and Dai may not receive multiple recoveries for duplicative claims; therefore, judgment entered for Bai and against Shoyu and Lin for $1,779,182.10, which includes treble damages pursuant to statute, and for Dai and against Shoyu and Lin for $1,779,182.10, which includes treble damages pursuant to statute. The court found Bai and Dai were never admitted as members of Shoyu Denver, LLC, and judgment entered in favor of Shoyu Denver, LLC on the counterclaim for declaratory judgment. With respect to the promissory estoppel claim, the court awarded Bai damages of $42,250 against Lin, plus interest from Jan. 1, 2021, to July 21, 2023, and awarded Dai damages of $80,750 against Lin, plus pre-judgment interest from Jan. 1, 2021, to July 21, 2023. On the unjust enrichment claim, the court awarded damages as follows: For Bai, $42,250, and against Lin plus pre-judgment interest from Jan. 1, 2021, to July 23, 2021; For Bai, $42,250, and against Shoyu Denver, plus pre-judgment interest from Jan. 1, 2021, to July 23, 2021; For Dai, $80,750, and against Lin plus pre-judgment interest from Jan. 1, 2021, to July 23, 2023, For Dai, $80,750, and against Shoyu Denver, plus pre-judgment interest from Jan. 1, 2021, to July 23, 2023. Bai and Dai are entitled to an award of costs and attorney’s fees.