Sexual abuse case record unsealed on appeal
Article Abstract:
The US Court of Appeals for the Ninth Circuit ruled in Hagestad v. Tragesser that the lower court had abuse its discretion by sealing court records without articulating its reasoning. A settlement had been reached between Hagestad and Tragesser, a member of the Oregon State Bar, and Tragesser had been granted a motion to seal all court records. The Oregon State Bar then attempted to gain access to the records. The Court acknowledged that a qualified common law right of access to court records existed and found that the required inquiry and balancing of interests had not been made by the lower court.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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Efforts to make sealing records easier thwarted; Judicial Conference returns proposed rule to committee
Article Abstract:
The Judicial Conference of the United States did not approve the portion of an amendment to Federal Rule of Civil Procedure 26(c) that would allow courts to consider the public interest when faced with a request to remove a protective order sealing court records. Under current law, courts must find good cause for granting third party requests for release of court records in sealed civil suits. The Reporters Committee for Freedom of the Press and other press organizations argued that the public interest amendment would be consistent with the right of access.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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Documents in Bankers Trust case unsealed, but order against Business Week stands
Article Abstract:
The trial court in Proctor and Gamble's securities fraud suit against Bankers Trust found that Business Week magazine violated a court order by obtaining and attempting to publish information that was from sealed documents. The court characterized the publisher's actions as illegal. The publisher argued that the order was a prior restraint that could not be justified by the parties to the suit. The trial court ultimately unsealed the documents but kept the order restraining Business Week in place. The publisher has appealed.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1995
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