"CBP asks the Court to close the stable door to keep an invisible horse from bolting. But that stable door sat open for five months before CBP asked the Court to secure it. Neither the Court nor CBP know whether the horse is gone, but the possibility that it's still be there can't outweigh public's interest in open doors."
"Judges often do not respond well to unreasonable efforts to keep as much out of the public record as possible. At least not this judge."
or from one's house of worship or from the nursing board.
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."
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
The decision has been promptly appealed.
"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."
"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 answer to that question is clear."
The common law, the First Amendment, and California court rules provide a broad right of access to court documents.
A federal magistrate holds that the right of access to court records precludes such sealing.
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.
A case decided Monday reaffirms this principle, especially in the Seventh Circuit.
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
It's often very hard to get court filings retroactively sealed.
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.
"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."
An update on that Connecticut unsealing case.
(and perhaps to other government records).
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?
"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.
So a New Jersey tax court held last week, in a case brought by prominent bank founder Vernon W. Hill.
that I had gotten from a court docket while it has not been sealed, but that the movant is seeking to seal.
No dice, says the District Court.
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.
"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."
And does a Vermont statute mandating such sealing apply in cases that are being litigated in federal court?
Lawsuits are matters of public record -- and you generally can't hide them from prospective business partners, employers, house buyers, or others.
"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."
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.
"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."
... if you're asserting your own rights of access (which all of us have) to court records.
... by a federal district court decision yesterday, in a case brought by a pro se litigant in New Jersey.
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