Lawyer's Press Statements About Class Action Are Protected by Litigation Privilege, Says Colorado Supreme Court

The Colorado Supreme Court parted with a sister court and sided with two law firms in a dispute over public comments made by a plaintiff’s 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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