Colorado Politics: The Colorado Supreme Court on Monday concluded a Jefferson County judge went too far when she ordered a group of plaintiffs alleging injuries from toxic chemical exposure to disclose communications with their attorneys to the opposing side.

Justice Richard L. Gabriel, writing in the June 10 opinion, agreed the facts of the plaintiffs’ exposure were not confidential, but the attorney-client communications themselves were not something defendant Terumo BCT was entitled to across the board.

“If the rule were as Terumo suggests, then opposing parties would be entitled to obtain in discovery all manner of communications between their opponents and opposing counsel (because parties necessarily must convey facts to their counsel), and this would serve only to chill open communications between parties and their lawyers,” Gabriel explained.

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