Dr. Carlon Colker / Peak Wellness v. Ann Callis

Case Overview

Judge Sarah Russell denied the motion to dismiss in Dr. Carlon Colker's defamation suit against attorney Ann Callis, who had publicly stated Colker violated ethical and medical standards while treating Janel Grant in the Vince McMahon/WWE litigation. Brito PLLC argued that extra-judicial press statements do not carry absolute litigation privilege — the court agreed, ruling Colker is not a public figure on this specific topic. The case proceeds to discovery.

Legal Significance

The ruling clarified an important boundary in litigation privilege doctrine: statements made to the press by an attorney — even about an ongoing case — do not automatically receive the absolute privilege that protects in-court statements. The court's finding that Dr. Colker was not a public figure with respect to this specific controversy further lowers the actual malice burden, keeping the case in motion. Brito PLLC's ability to survive the motion to dismiss in federal court establishes the viability of defamation claims against attorneys who make prejudicial statements to the media.