John Palmeri and Jack Mann Publish Article Exploring Litigation Privilege in Class Actions

March 2024

Denver Partners John Palmeri and Jack Mann published an article entitled “Colorado Expands Litigation Privilege in Class Action Cases" in the Colorado Lawyer.

The article discusses the Colorado Supreme Court opinion in Killmer, Lane & Newman, LLP v. BKP, Inc., 535 P.3d 91 (Colo. 2023). The case addressed the litigation privilege, which protects attorneys from liability for defamation and other torts based on statements relating to judicial proceedings. After the Colorado Court of Appeals held that privilege did not apply to statements made by an attorney at a press conference announcing the filing of a class action lawsuit, Palmeri and Mann authored an amicus curiae brief supporting the attorneys in the Colorado Supreme Court.

The article explains how the Supreme Court's opinion extends the litigation privilege to protect attorneys who discuss the allegations in a class action at press conferences to solicit potential class members. The Supreme Court held that public statements that merely repeat, summarize, or paraphrase allega­tions made in a class action complaint are protected by the privilege unless they are “plainly irrelevant and impertinent.”

To read the full article, please click here.