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DENVER (June 14, 2024) – In a unanimous ruling, the Colorado Supreme Court ruled in favor of Lewis Roca's clients, protecting from disclosure their communications with their attorneys.

Plaintiffs 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 the carcinogen.

The medical sterilization company attempted in the district court 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 Court reversed, clarifying and affirming under Colorado law that a party cannot be compelled to disclose communications with their lawyers. While facts provided by the plaintiffs for the expert report are subject to discovery, their communications with their attorneys remain confidential, no matter the form in which they were provided.

Lewis Roca Denver Appellate Partners Kendra N. Beckwith and Kenneth F. Rossman IV represented Plaintiffs.

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This content was originally published by Lewis Roca before their combination with Womble Bond Dickinson (US) LLP.