Right of Access
Court Revives Wiretap Target's Attempt to Get Information About the Wiretap
In 2014, more than half of all California wiretaps (and one sixth of all the wiretaps in the U.S.) were authorized by one judge in Riverside County.
Can't Seal Case Just Because It's Frivolous
"In nearly all civil and criminal litigation ..., one party asserts that the allegations leveled against it by another party are patently false"; but "if the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness."
No Sealing of Health Care Quality Review Report in Doctor-vs.-Hospital Lawsuit
"Plaintiff would have his allegations litigated in a star chamber with a jury of ordinary citizens presumably barred from discussing the case after their service in a closed courtroom."
Eighth Circuit Seals Published (Printed) Opinion, Later Grants Our Motion to Unseal
An attempt to protect litigant privacy meant that binding precedent was vanished from Westlaw.
Prisoners Have the Right to Access Court Records in Their Own Cases
So concludes the Louisiana Supreme Court, in allowing a prisoner access to the jury vote breakdown in his case—quite important given the U.S. Supreme Court's ruling rejecting Louisiana nonunanimous convictions.
Court Rejects Columbus Dispatch's Argument in Favor of Sealing
Newspapers often argue against the sealing of court records; here the newspaper argued in favor.
Judge Upholds Pseudonymity of Cincinnati Police Officer Who Is Suing His Critics for Libel
The question remains pending before the Ohio Court of Appeals.
Trying to Unseal Affidavit and Block Pseudonymity in Cincinnati Police Officer Libel Case
The Cincinnati Enquirer and I have just filed a petition seeking this, in the Ohio Court of Appeals.
#MeToo, #TheyLied, and Pseudonymous Litigation (II)
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
"The Information [U.S. Customs & Border Protection] Wants to Seal … [Is] Not Secret Anymore"
"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."
A Judge Condemns Excessive Requests to Seal
"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."
Can't Seal Court Files Just to Keep Them from One's Current Employer
or from one's house of worship or from the nursing board.
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).
