Supreme Court of Colorado

Menda K. Warne, Petitioner v. Bill J. Hall, Respondent

June 27, 20162016 CO 50

Summary

The court adopted the federal plausibility standard for evaluating pleadings under Colorado’s analogous rules, holding that a complaint must contain factual allegations sufficient to make entitlement to relief plausible and that conclusory allegations are not assumed true. Applying that standard, the court held that Hall’s amended complaint did not plausibly allege that Warne acted improperly to induce a breach of the contract, but it required that Hall be given an opportunity to amend before dismissal and attorney-fee relief became final. Justice Gabriel, dissenting, would have retained the longstanding notice-pleading standard and would have held that Hall’s allegations sufficiently stated an intentional-interference claim.