Lawyer's Press Statements About Class Action Are Protected by Litigation Privilege, Colorado Supreme Court Says
"We respectfully disagree with our sister court's determination that the 'recipient' of the attorney press statements in that case was the newspaper reporter, rather than the public, as well as with that court's ultimate conclusion, which we believe expresses a minority view among the jurisdictions to have considered the issue before us today," Justice Richard L. Gabriel wrote.
September 19, 2023 at 11:55 AM
6 minute read
Credit: noraismail/Adobe The Colorado Supreme Court parted with a sister court and sided with two law firms in a dispute over public comments made by a plaintiffs attorney regarding a pending class action claim.
In the class action claim underlying this case, two law firms—Killmer, Lane & Newman and Towards Justice—and attorney Mari Newman filed a federal class action claim on behalf of Lisa Miles, a nail technician, and those similarly situated. The named defendants, BKP, Ella Bliss Beauty Bar, and others, operate three beauty bars in Denver. That complaint alleged that the employer's business was "founded on the exploitation of its workers," in violation of the Fair Labor Standards Act and the Colorado Wage Claim Act, according to the opinion.
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