Texas Appeals Court moves away from opening discovery materials

Article Abstract:

The Upjohn Co has been attempting to keep its records regarding its medication Halcion closed to the public in a series of trials and appeals in Texas. The company petitioned a district court of appeals for a restraining order in one case to prevent access to clinical test records it supplied during discovery. When these records were admitted as evidence, the company sought to have the restraining order extended and the Dallas Morning News sued. The Texas Supreme Court allowed the order to remain in affect, and the case in the district court of appeals proceeded. Found liable for negligence in Nov 1992, Upjohn has appealed.

Pharmaceutical preparations, Ornamental nursery products, Discovery (Law), Upjohn Co.

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Federal judge rejects motions to seal briefs

Article Abstract:

Judge Frank Easterbrook, of the US Court of Appeals for the 7th Circuit, has denied requests in two cases to seal records. In Lopacich v Falk, a brother sued by his sister in an inheritance dispute tried to have his financial records sealed. In In re Grand Jury Proceedings, a doctor refused to produce patients' records and the US Attorney's Office handling his appeal wanted its brief sealed. Easterbrook refused, stating that the parties had not demonstrated sufficient cause for closure.

Briefs, Legal briefs

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Appeals court orders judge to release remarks

Article Abstract:

The Georgia Supreme Court ruled that a judge's comments, made in open court, were part of the court's records and, therefore, subject to the state's Uniform State Court Rule 21. The court stated that the law grants judges limited discretion when closing records to public access and that the judge waived his right to such discretion when he spoke in open court. The court did note, however, that the state's Open Records Act did not apply to the judiciary.

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