In a recent decision, the Colorado Supreme Court ruled in favor of two law firms, Killmer, Lane & Newman and Towards Justice, and attorney Mari Newman, emphasizing that their public comments made regarding an ongoing class action lawsuit were protected by litigation privilege. This case was centered around a class action claim lodged on behalf of a nail technician, Lisa Miles and others in similar positions, against BKP, Ella Bliss Beauty Bar, and additional parties.
The defendants operate three beauty bars based in Denver and the lodged complaint alleged that their business model was founded on the exploitation of its workers. This, it was claimed, violated the Fair Labor Standards Act and the Colorado Wage Claim Act. The full details about the allegation can found in the court’s opinion.
Remarkably, this ruling by the Colorado Supreme Court parts ways with a sister court’s opinion. Justice Richard L. Gabriel noted in the conclusion, “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.”
In essence, this present ruling underscores the perspective that attorney’s statements to the press in the course of an ongoing lawsuit are to be seen as directed towards the public at large, making them subject to litigation privilege.
More on this can be read in the full post, available here.