Right of Access | Reason Archives

Federal Government Lawyer Suing for Employment Discrimination Can't Sue Pseudonymously,

despite the argument that, “because she ‘defends federal agencies against employment discrimination claims,’ she may ‘make legal arguments that differ from the ones she has made and makes as an AUSA,’” so “proceeding under pseudonym will allow her ‘to make such arguments without the concern that opposing counsel will be able to identify her and/or her filings that take or may take a different legal position.’”

Eugene Volokh |The Volokh Conspiracy | 8.21.2021 5:23 PM

Court Rejects Attempt to Retroactively Seal or Pseudonymize Past Case

Eugene Volokh |The Volokh Conspiracy | 8.12.2021 1:49 PM

Parents Challenging "Anti-Racism" Curriculum Can Litigate Pseudonymously, to Shield Their Children

"The extreme emotions on both sides of this debate make likely the risk of ridicule and mental or physical harm to the parents in this suit—but more concerning—to their minor children."

Eugene Volokh |The Volokh Conspiracy | 7.30.2021 3:33 PM

Bronx Conservatory of Music Can't Seal Sexual Harassment Counterclaim Against It

"Bronx Conservatory does not cite (and this Court has not found) any case, in this jurisdiction or elsewhere, in which an employer accused of sexual harassment has succeeded in sealing the pleading containing that accusation on any of the grounds asserted here."

Eugene Volokh |The Volokh Conspiracy | 7.9.2021 7:57 PM

Ex-City Official's Attempt to Seal Lawsuit Against EEOC Rejected

Eugene Volokh |The Volokh Conspiracy | 7.5.2021 8:01 AM

Court Refuses Jail Guard's Request to Seal Civil Lawsuit Brought Against Him by Prisoner

"Bartolotti alleges that 'anytime you search [his] name on [the internet, he is] affiliated with this case,' which 'has affected [his] personal and professional lives [and] has become a safety issue at times as well.'"

Eugene Volokh |The Volokh Conspiracy | 6.28.2021 6:01 PM

Looking for Pro Bono Local Counsel for an Interesting Unsealing Motion in a N.D. Iowa Libel Case

Eugene Volokh |The Volokh Conspiracy | 6.28.2021 10:57 AM

Sealing and People Covered by Domestic Violence Protective Orders

Eugene Volokh |The Volokh Conspiracy | 6.9.2021 9:04 AM

Judge Denies Mega-Law-Firm's Request to Litigate Arbitration Confirmation Under Seal

Dentons US LLP sought to “initiate a civil case under seal by filing a petition to confirm an emergency arbitration award.”

Eugene Volokh |The Volokh Conspiracy | 6.1.2021 8:01 AM

Anything You File in Court Can and Will Be Used Against You by People Who Google Your Name

A future Miranda warning for litigants? "I wish the SDNY pro se clinic had made me aware that many third-party commercial services download court documents ... and publish this information on the internet."

Eugene Volokh |The Volokh Conspiracy | 5.31.2021 8:01 AM

Can Tenure Reviewers' Names Be Sealed in Employment Discrimination Lawsuit Filings?

No, says a district court at first; yes, it says six days later. Always good to check the docket for follow-up orders, if you have the time.

Eugene Volokh |The Volokh Conspiracy | 5.29.2021 2:19 PM

Labeling Video Filed in Court "Confidential" Doesn't Make It So

Yet "[i]t is particularly troubling to the Court that [the lawyer] appears to have survived this motion more by dumb luck than any concerted effort on his part to comply with either his professional responsibilities or the orders of this Court."

Eugene Volokh |The Volokh Conspiracy | 5.25.2021 12:36 PM

Affidavit Supporting Search Warrant, Considered in Motion-to-Suppress Hearing, Can't Be Sealed

But modest redactions are permissible.

Eugene Volokh |The Volokh Conspiracy | 5.24.2021 3:45 PM

Right of Access

Top Secret Stuffed Rainbow Poodles

Improvident sealing, plus zombie toddlers.

Eugene Volokh |The Volokh Conspiracy | 5.14.2021 9:01 AM

"When an Individual Brings a Claim with Respect to Which Her Disabilities Are Central,"

“the public has a substantial interest in knowing about those disabilities so it can meaningfully oversee the Court’s exercise of its judicial power.”

Eugene Volokh |The Volokh Conspiracy | 5.7.2021 3:05 PM

Kevin Spacey Sex Abuse Plaintiff Can't Sue Under Pseudonym

The lawsuit stems from an alleged sexual relationship between the plaintiff and Spacey over 35 years ago, when the plaintiff was 14.

Eugene Volokh |The Volokh Conspiracy | 5.4.2021 12:33 PM

Ohio S. Ct. Agrees to Decide Whether Police Officer Can Litigate Libel Case Pseudonymously

Eugene Volokh |The Volokh Conspiracy | 5.1.2021 8:12 AM

Another Judge Criticizes Excessive Sealing Requests in Commercial Litigation

Eugene Volokh |The Volokh Conspiracy | 4.27.2021 8:03 AM

Fear of Blackballing by Employers Doesn't Justify Pseudonymity in Wages-and-Hours Class Action

Eugene Volokh |The Volokh Conspiracy | 4.19.2021 8:01 AM

Court Refuses to Seal Case That Plaintiff Wanted to Hide from Potential Employers

Unsurprisingly, the court also refuses to order private caselaw repositories and search engines to hide the information.

Eugene Volokh |The Volokh Conspiracy | 4.16.2021 8:06 PM

Right of Access

Names of Police Officers Involved in Defensive Shooting of Suspects Aren't Public Records

So holds the Florida Court of Appeal, interpreting the Florida Constitution's crime victims' rights provision. ("If a prosecutor determines that the officer was not a victim and instead charges the officer for his conduct," the names would be released, but no such determination was made here.)

Eugene Volokh |The Volokh Conspiracy | 4.7.2021 12:56 PM

"The People Have Every Right to Look Over Our Shoulder and Review the Documents Before the Court"

"This is beyond the pale. The indiscriminate use of the confidentiality stamp alone warrants the denial of the entirety of the motions."

Eugene Volokh |The Volokh Conspiracy | 4.5.2021 5:56 PM

"Courts Should Not Permit Parties to Yada, Yada, Yada Their Way" to Sealing a Document

Eugene Volokh |The Volokh Conspiracy | 4.1.2021 7:02 PM

NYPD Must Release Body-Cam Footage of Fatal Shooting of Woman,

but with "blurring images of [Susan] Muller's body and blood spatter."

Eugene Volokh |The Volokh Conspiracy | 3.24.2021 1:26 PM

Public Access to Records in Patent Cases

Eugene Volokh |The Volokh Conspiracy | 3.24.2021 8:01 AM

No "Private Matter Among Friends" Exception to Public Access to Court Records

"Public access [to judicial records] serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness."

Eugene Volokh |The Volokh Conspiracy | 3.17.2021 7:01 PM

Plaintiff "Must Have Known That the Embarrassing Events During His Previous Employment Would Be Central to … the Case"

Court records are generally public records, embarrassing as they might be for the parties.

Eugene Volokh |The Volokh Conspiracy | 3.16.2021 7:31 PM

No Sealing of Documents in Dispute Over Settlement of Public School Air Quality Lawsuit

"The public has every right to understand how the public and elected officials of the Town of Wilton and the Wilton Public Schools in the exercise of their best judgment sought to resolve this case."

Eugene Volokh |The Volokh Conspiracy | 3.14.2021 12:41 PM

"The Presumption of Openness [of Court Records] Is Law 101"

“But increasingly, courts are sealing documents in run-of-the-mill cases where the parties simply prefer to keep things under wraps.”

Eugene Volokh |The Volokh Conspiracy | 3.9.2021 12:52 PM

Pseudonymity Controversy in Kevin Spacey Sex Abuse Case

May plaintiffs alleged sexual assault proceed pseudonymously, when the defendant is being publicly named?

Eugene Volokh |The Volokh Conspiracy | 3.3.2021 1:49 PM

Attorney Fees Motion Can't Be Decided with the Attorney Fees Sealed

"[O]nce a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."

Eugene Volokh |The Volokh Conspiracy | 2.27.2021 8:01 AM

Plaintiff Can't Sue for Claimed Constitutional Violations but Keep Key Facts Sealed

"It is simply not reasonable for a plaintiff to bring a case alleging that his constitutional rights were violated by state officials and not expect the facts on which those officials based their actions to be included in the public record of a case."

Eugene Volokh |The Volokh Conspiracy | 2.12.2021 8:26 PM

Anonymous Business Plaintiffs in Patent Knockoff Case?

Eugene Volokh |The Volokh Conspiracy | 2.9.2021 8:01 AM

"To Say That the Court Finds the Motion Puzzling Is to Do a Disservice to Puzzles Everywhere"

Plus a special appearance by The Princess Bride and Weekend at Bernie's.

Eugene Volokh |The Volokh Conspiracy | 2.1.2021 3:33 PM

Juvenile Cases Transferred to Ordinary Criminal Court Can't Be Categorically Sealed

Eugene Volokh |The Volokh Conspiracy | 2.1.2021 12:15 PM

Public Has Right "to See What Is Going Into the Sausage Factory [of Litigation], Even if a Particular Sausage Is Never Made"

Federal court holds that documents accompanying motions are presumptively accessible even if the case settles before the court decides the motion.

Eugene Volokh |The Volokh Conspiracy | 1.26.2021 6:23 PM

Judge Warns Business Litigants (Including Facebook) About Excessive Sealing Requests

"These allegations stand at the heart of plaintiffs' claims, and sealing them would make this litigation virtually incomprehensible to the public."

Eugene Volokh |The Volokh Conspiracy | 1.23.2021 1:05 PM

Motions to Seal Should Themselves Generally Not Be Sealed

Eugene Volokh |The Volokh Conspiracy | 1.14.2021 9:03 AM

Court Grants Motion to Seal Saudi Crown Prince's WhatsApp Number

Eugene Volokh |The Volokh Conspiracy | 1.6.2021 3:05 PM

District Court Reverses Own Right-to-Be-Forgotten-Like Decision

The judge had earlier ordered search engines and web sites to remove materials about a employment discrimination lawsuit.

Eugene Volokh |The Volokh Conspiracy | 12.30.2020 2:32 PM

Right of Access

Guidance on Filing Sealed Documents

Don't just file the document unsealed, and then ask for sealing

Eugene Volokh |The Volokh Conspiracy | 12.21.2020 8:01 AM

Worse Than Sealed Court Records: Sealed Motions to Seal

A judge rightly speaks out against them.

Eugene Volokh |The Volokh Conspiracy | 12.19.2020 8:01 AM

Libel Case Can't Be Litigated with Alleged Libel Sealed—and the Alleged Libel Is Now Unsealed

Eugene Volokh |The Volokh Conspiracy | 12.18.2020 3:17 PM

No Sealing of Court Filings That Discuss Misconduct Allegations Against Police Officer, But …

"unsubstantiated allegations" that are "irrelevant ... and therefore inadmissible" can be redacted from the public version of the filings.

Eugene Volokh |The Volokh Conspiracy | 12.18.2020 11:52 AM

Right of Access

Motion to Seal the Saudi Crown Prince's WhatsApp Number

Eugene Volokh |The Volokh Conspiracy | 12.17.2020 8:31 AM

Defendant "Wants to Go to a New Employer and Not Disclose the Serious Allegations Raised Against Him [in a Suit by His Ex-Employer]"

"This Court cannot be a party ... to such a deception." So holds a federal Magistrate Judge in rejecting the parties' joint motion to seal the complaint in the case, after it had been settled.

Eugene Volokh |The Volokh Conspiracy | 12.14.2020 11:33 AM

Can't Seal a Case Just Because the Parties Settled

Eugene Volokh |The Volokh Conspiracy | 11.30.2020 3:05 PM

mettel redactions

Libel Case Can't Be Litigated with Alleged Libel Sealed

So says the Delaware Court of Chancery: "If the information currently redacted remains so, the public will have no means to understand the dispute MetTel has asked the Court to adjudicate."

Eugene Volokh |The Volokh Conspiracy | 11.19.2020 3:51 PM

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