Patent Law Opinion Can't Be Sealed to Avoid Hurting Plaintiff's Future Similar Lawsuits
[UPDATE: I've added comments from plaintiff's lawyer.]
Right of Access
No First Amendment Right to Publish Videos of Depositions
A court may impose restrictions on redistribution of material obtained through court-ordered discovery (as opposed to obtained through other means)—though if the depositions are quoted in court filings or played in court, the material used would "become part of the public record, creating a presumption of public access."
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case
Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.
District Court in Title IX Sexual Assault Case Rejects One-Sided Pseudonymity
"Plaintiff has sought to avail herself of the protections of anonymity (without prior Court order), all the while single-handedly precluding the Named Defendant from the ability to avail himself of similar protections."
Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case
Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?
Judges: Need Pro Bono Court-Appointed Amicus to Represent Public Interest as to Sealing/Pseudonymity Requests?
I'm glad to do such things, and to get students involved to give them practical experience.
Media Intervenors' Argument Supporting Unsealing Mar-A-Lago Search Warrant Affidavit
The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government has argued this has to remain secret, at least for now.
Government's Argument Against Unsealing Mar-A-Lago Search Warrant Affidavit
The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government says this has to remain secret, at least for now.
No Pseudonymity in Disability Discrimination Lawsuit Over State Bar Character & Fitness Inquiry
"[H]arm to one's reputation or injury to one's standing in the community does not warrant a deviation from the strong presumption of public access[.]"
Parties Can't Seal Entire (Settled) Case Despite Risk of "Reputational Damage and Embarrassment"
"[W]e apply the strongest presumption of public access to the Memorandum Opinion issued by this Court ..., which, as an official decision of the Court, is considered the 'quintessential business of the public's institutions,' and is 'core to the transparency of the court's decisionmaking process.''"
Court Allows Sealing of Filings Related to Alleged Federal Prosecutor Misconduct
"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.
Two Cases Reject Pseudonymity for Porn Copyright Infringement Defendants
The split in the cases grows.
Another Decision Against Sealing Records in Libel Cases
Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
Ex-Police-Officer Allowed to Proceed Pseudonymously with Due Process and Libel Claim Against City
I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.
No First Amendment Problem with Routine Anonymous Criminal Juries
"[I]n this internet age, where jurors' names can trigger lightning-fast access to a wealth of biographical information, including addresses, any slightly positive role in divulging jurors' names to the public is outweighed by the risk to jury integrity."
State Trooper Suing Andrew Cuomo for Harassment Can Be Pseudonymous, Because the Case Is "High-Profile"
The court's view appears to be that, the more public interest in a case, the less the public is entitled to know.
No Pseudonymity or Sealing in "Campaign" by "Serial Litigator" "to Conceal His Litigation History"
"Plaintiff's behavior may make it more difficult for other courts (and the public) to find his litigation history, which could act to conceal future vexatious litigation or behavior."
