In a unanimous ruling, the Colorado Supreme Court ruled in favor of Lewis Roca’s clients, protecting their communications with their attorneys from disclosure.
Plaintiffs, represented by Kendra Beckwith and Kenneth Rossman, appellate partners at Lewis Roca’s Denver office, brought toxic tort claims against a medical sterilization company, alleging the ethylene oxide emitted from the plant caused cancer and other health conditions.
In the course of the litigation, the plaintiffs shared with their counsel details about their potential exposure through emails, interviews and other communications with their lawyers. Their counsel then compiled this information into a spreadsheet, which was provided to an expert for purposes of estimating their exposure to a carcinogen.
The medical sterilization company attempted to force disclosure of plaintiffs’ communications with counsel, which the district court initially granted. Lewis Roca, on behalf of the plaintiffs, filed an original proceeding in the Colorado Supreme Court.
The Colorado Supreme Court reversed, clarifying and affirming under Colorado law that a party can’t be compelled to disclose communications with their lawyers.