Right of Access
Do Plaintiffs from Conservative Cultural/Religious Groups (e.g., Muslims) Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits?
That's what an Eleventh Circuit opinion seems to suggest, in a case where a Trinidadian Muslim plaintiff said she "come[s] from a strict Muslim household where under [their] cultural beliefs and traditions such a sexual assault would have the tendency to bring shame and humiliation upon [her] family."
#MeToo, #TheyLied, and Pseudonymous Litigation
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
MLB Letter in Yankees Sign-Stealing Investigation Should Be Unsealed, Says Federal Judge
The decision has been promptly appealed.
No Routine Sealing of Names of Officers Who Arrested Molotov-Cocktail-Thrower
"Absent some concrete threat to the officers, which has not been suggested here, there is no principled way to discern why this case would justify redactions while others would not."
Interesting Public Access Decision as to the R. Kelly / Drea Kelly Divorce Case
"The mere fact a person may suffer embarrassment or damage to his reputation as a result of allegations in a pleading does not justify sealing the court file."
"The Question Is Whether Delta [Airlines] Can Bring the Court a Dispute to Adjudicate in Secret"
"The answer to that question is clear."
California Appellate Court Rejects Sealing of Alleged Libel
The common law, the First Amendment, and California court rules provide a broad right of access to court documents.
Litigant Can't Seal Case to "Improve Her Chances of Employment"
A federal magistrate holds that the right of access to court records precludes such sealing.
Can't Seal Police Abuse Settlement Amount Just Because Beneficiary is a Minor
The district court reasoned that sealing was justified because of "the child's privacy interest in being protected from financial predators or others who would harass the child simply because they know the amount received." No, said the Fifth Circuit.
Sealing Court Filings Drawn from Discovery Requires More Than Just General Assertions of Confidentiality
A case decided Monday reaffirms this principle, especially in the Seventh Circuit.
Manhattan Federal Court Coronavirus-Related Restrictions
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
"Once the Cat Is Out of the Bag, the Ball Game Is Over"
It's often very hard to get court filings retroactively sealed.
No Belated Sealing of "Central" Information in Professor's Race Discrimination Suit
The lawsuit had been filed against the University of Colorado; the Scheduling Order, which the professor had sought to seal, referred to allegations of improper conduct on the professor's part.
No Sealing + Harsh Words About Employer-Mandated Arbitration in Doordash Case
"The district court should not be a party to concealing this information from the public, especially as it concerns an arbitration organization that holds itself out to the public as impartial. These documents would be useful to the public in evaluating the true extent to which the organization is impartial."
"Judge Who Sealed Documents Relating to Her Home in Beach Community Gets Reversed by Appellate Court"
An update on that Connecticut unsealing case.
@UnsealieCourt, a New Twitter Feed for News About Public Access to Court Records
(and perhaps to other government records).
Judge Orders Heavy Redaction of Motion to Recuse
If a motion to recuse argues that the judge has a conflict of interest because she owns particular property, can the judge order the redaction of all the details related to the location of the property?
Court Rejects Motion to Seal Litigation Finance Agreements
"The public may well have an interest in how litigation is funded by third parties," the judge concludes. A law firm and two litigation finance companies are disputing (among other things) whether the litigation finance agreements are illegally usurious.
No Sealing of Photos and Plans of $20M, 29,000 Sq. Ft. House (with 55,000 Sq. Ft. of Improvements)
So a New Jersey tax court held last week, in a case brought by prominent bank founder Vernon W. Hill.
Motion to Stop Me from Publishing Material …
that I had gotten from a court docket while it has not been sealed, but that the movant is seeking to seal.
"Essentially, [the City] Defendants Request That the Court Resolve This Case Entirely in Secret"
No dice, says the District Court.
Interesting Sealing Decision in Divorce-Related Case of a Powerful Washington Public Affairs Consultant
The ex-wife had withdrawn her complaint before the court took any substantive action, under circumstances that cast doubt on its accuracy; because of that, a Virginia court agreed that it should be sealed.
No Sealing of Whirpool Corp. Documents in Product Liability Case
"While such documents may be unflattering to Defendant's business, Defendant has not satisfied the burden of showing that the documents are proprietary in nature. Nor has Defendant satisfied the burden necessary to show that any interest in maintaining secrecy is outweighed by the presumption of access."
Can Childhood Sexual Abuse Complaints Be Routinely Temporarily or Permanently Sealed?
And does a Vermont statute mandating such sealing apply in cases that are being litigated in federal court?
Can't Seal Lawsuit to Protect the Marketability of Your House
Lawsuits are matters of public record -- and you generally can't hide them from prospective business partners, employers, house buyers, or others.
Another Decision Against Sealing Records in Libel Cases
"The logical conclusion of Plaintiff's argument is that whenever someone sues for defamation because of potentially embarrassing comments, the plaintiff should be allowed to sue anonymously and with the case under seal."
Disclosure vs. Secrecy All the Way Down
An attempt to seal a key document in a libel / breach of contract case filed by a former communication strategist for Julian Assange against a former lawyer for Edward Snowden.
No Sealing of Business Details "Directly Relevant to the Heart of [a Civil] Case"
"If the Court sealed the disputed materials, it would essentially conceal the very mechanism that REA used to perpetuate the scheme, leaving the public with little more than the judgment itself to establish the existence of the scheme."
OK to Oppose Sealing of Court Documents Without Local Counsel
... if you're asserting your own rights of access (which all of us have) to court records.
"Right to Be Forgotten" as to Court Opinions Rejected …
... by a federal district court decision yesterday, in a case brought by a pro se litigant in New Jersey.
A Tip for People Who Seek to Seal Court Filings
Avoid motions "for Leave to File Under Seal Any and All Documents and Depositions Cited in Support of Any Motion, Response, Reply, or Appendix Filed by the Plaintiff/Counter-Defendant."
Employment Discrimination Plaintiff Can't Get Case Sealed After Settlement
Stephanie Gilliard argued "that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers."
Doe v. Doe Libel Lawsuit Over Allegations of Sexual Misconduct by a Business Executive
Unsurprisingly, the exact allegations that are said to be libelous don't appear in the complaint.
Court Refuses to Issue Gag Order and Sealing Order in Sexual Harassment Suit Against YMCA of Pikes Peak
(Disclosure: I had filed an objection, on my own behalf, to the motion to seal.)
"Once the Cat Is Out of the Bag, the Ball Game Is Over."
More than just a mixed metaphor -- it's a legal doctrine.
Man Sues Anti-Homosexuality Group for Libel, Loses, Unsuccessfully Tries to Seal Court Opinions
The plaintiff had pleaded guilty to, among other things, having sex with a minor (apparently when he was 21 and the minor was 15); the alleged libel stemmed from, among other things, reports of that crime.
No Preliminary Injunction, No Pseudonymity, No Sealing in Internet Libel Case
That's what a New York trial court decision just posted online today held -- correctly, I think.
