News & Analysis as of

Judicial Records

Farrell Fritz, P.C.

SDNY Decision Denies Motion to Redact FCA Complaint: By Filing, Relator Took Calculated Risk of the Negative Consequences of...

Farrell Fritz, P.C. on

The recent settlement of a False Claims Act case afforded SDNY Judge Ronnie Abrams the opportunity to address the standard for redacting a qui tam Relator’s FCA complaint.  Judge Abrams decided that Relator Devin English had...more

Foley & Lardner LLP

Sealing Judicial Records or How I Learned to Stop Consenting and Protect Trade Secrets

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Are courts making it impossible to guarantee trade secrets will not be disclosed upon filing of litigation? In a recent case, Binh Hoa Le v. Exeter Fin. Corp., the U.S. Court of Appeals for the Fifth Circuit (covering...more

Miller Canfield

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

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People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more

Carlton Fields

Confidential Reinsurance Agreement Made Public After Party Failed to Show Good Cause for Maintaining Confidentiality

Carlton Fields on

A reinsurance agreement and attachments filed in a court proceeding and purportedly containing “all manner of confidential and proprietary business information,” including “product design,” “service standards,” “pricing,” and...more

Faegre Drinker Biddle & Reath LLP

Deadline Approaches for Higher Education Institutions to Submit Judicial and Arbitral Records to U.S. Department of Education

As described in an earlier alert, regulations promulgated by the U.S. Department of Education in November 2016 (the “Department”) concerning borrower defenses to repayment (the “2016 BDR Rules”), which the current...more

Franczek P.C.

Freedom of Information Act and Open Meetings Act Updates

Franczek P.C. on

The flurry of activity surrounding the Illinois Freedom of Information Act (“FOIA”) and Open Meetings Act (“OMA”) continues. An Illinois Appellate Court once again reviewed whether grand jury records may be disclosed under...more

Dechert LLP

English Court Reiterates Importance of the Principle of Open Justice and Confirms That a Non-Party’s Reasons for Seeking...

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The English Court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings. In our August 2018 update we reported on the decision of the English Court of...more

Foley & Lardner LLP

Overview of the Wisconsin Supreme Court’s 2017-18 Term

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The Wisconsin Supreme Court’s 2018-19 term began with arguments last month, and the first opinion of the term is expected tomorrow. Before we dive into this year’s term, we thought we would review the statistics of the...more

Dechert LLP

English Court of Appeal clarifies the rules regarding non-party access to documents filed with the court

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The English court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings, such as statements of case (including the claim form, particulars of claim,...more

Ballard Spahr LLP

Colorado Judge Unseals Psychiatric Expert Reports in Aurora Theater Shooting Case

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Judge Carlos E. Samour, Jr., on June 29 ordered unsealed the court filings surrounding psychiatric evaluations of James Eagan Holmes, the man convicted of killing 12 people and wounding 70 others in the Aurora, Colorado,...more

Ballard Spahr LLP

Cosby Case Highlights Role of Public Access to Court Records

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The April 2018 criminal trial of iconic entertainer and "America's Dad" Bill Cosby has ended with a guilty verdict. ...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on When Appellate Courts May Consider Arguments Not Raised Below

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former commodities broker appealed a decision ordering him to pay restitution to his former firm which had made its customers whole after the broker's...more

Carlton Fields

Litigant Beware: Ignore the Duty to Reconstruct the Record Under Rule 10(c) at Your Peril

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In Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016), the Third Circuit sought to clarify the circumstances in which a party forfeits arguments made in a post-trial motion by refusing to agree to reconstruct the record under...more

Foley Hoag LLP - Environmental Law

Record Review Means That EPA Must Refer To the Record: The Third Circuit Remands EPA’s Approval of the Pennsylvania Regional Haze...

On Tuesday, the 3rd Circuit Court of Appeals remanded EPA’s approval of Pennsylvania’s regional haze SIP. The decision is a must-read for practitioners. It decides some important issues and provides important reminders for...more

Davis Wright Tremaine LLP

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

Foley & Lardner LLP

Wisconsin Supreme Court 2013-2014 Term Summary Part 2: A Divided Court?

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In our last post, we observed that the Wisconsin Supreme Court released unanimous opinions more quickly than non-unanimous opinions and that the court had released opinions very slowly this year. These two observations raise...more

Carlton Fields

Amendments To Florida Rule Of Judicial Administration On Public Access To Judicial Branch Records

Carlton Fields on

On March 28, the Florida Supreme Court issued a decision adopting several proposed amendments to Florida Rule of Judicial Administration 2.420, Public Access to Judicial Branch Records. The amendments, which become effective...more

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