Federal appeals court rules records in Apple case open to public

The U.S. 9th Circuit Court of Appeals ruled that  court documents in case brought by Apple against a maker of Mac computer clones were public. Apple claimed that the documents contained “compelling trade secrets”  about the Mac OS X operating system. -db From The Reporters Committee for Freedom of the Press, January 6, 2012, by [...]

Tennessee judge opens Russian adoption case

The  Tennessee judge presiding over the lawsuit over the return of an adopted 9-year-old boy to Russia ruled that the court documents be unsealed. A court memo indicated that there were no facts presented to justify sealing the case and that the 9-year-old was living in Russia far from the harsh light of publicity about [...]

Defense Department makes it easier to obtain court filings in Guantanamo trials

As trials of accused terrorists begin at Guantanamo Bay, the Defense Department released new regulations designed to create better access to court filings. Journalists have objected to the long review processes for obtaining court filings without which they were lost when covering the trials. -db From The Reporters Committee for Freedom of the Press, November [...]

U.S. Supreme Court accepts sealed petition from Blackwater security guards under indictment for manslaughter

The U.S. Supreme Court accepted a secret petition from four former Blackwater security guards indicted for manslaughter for firing on Iraqi civilians wounding 20 and killing 14. The court will consider the petition in deciding if a federal district judge erred in dismissing the charges against the guards on the grounds that the prosecution used [...]

U.S. Supreme Court refuses to adopt rule to limit number of sealed civil cases

The U.S. Supreme Court has decided not to adopt a procedural rule to limit the number of civil cases under seal. The Court wants to rely on a new Judicial Conference policy encouraging federal judges to limit the number of sealed cases. The Reporter Committee for Freedom of the Press had suggested the rule citing [...]

Delaware citizens challenge secret judicial proceedings

A Delaware open government coalition sued in federal court over a 2009 state law that gives the Chancery Court license to arbitrate business disputes between consenting parties. The Chancery Court set up procedures that make the hearings confidential and not part of the public record. The coalition wants the court to declare the law and [...]

Company asks for anonymity in suing over online safety complaints

A manufacturer upset about an online database of safety complaints has asked the court to allow it to remain anonymous in its suit against a government agency. The manufacturer claims that if it were named, it would jeopardize the interests it strives to protect by bringing suit. As of this week, there is no record [...]

Federal court expands public access to search warrant materials

The 9th Circuit Court of Appeals ruled that the public has a right to obtain documents filed to support search warrant applications after an investigation was over. The three-judge panel found a common law established a right of access, a conclusion other federal courts have reached in separate cases. -db From The Reporters Committee for [...]

Federal court body urges opening more civil lawsuits to public

With the federal courts putting 576 of 245,326 civil cases under seal in 2006, the Judicial Conference, a body of senior circuit court judges that suggests rules for federal courts, recommended that the judges limit the cases under seal. The conference found that the courts had not used strict standards in deciding when to seal [...]

Federal appeals court rules for journalist in gaining early decision on gag order

A federal appeals court in New Orleans ruled a Texas journalist could expedite his appeal of a gag order in a trial of a citizen of Saudi Arabia who allegedly attempted to use of weapon of mass destruction in the U.S. The court refused to suspend the gag order but ordered that a decision in [...]

Federal court: Settlement agreement between restaurant chain and employees open to public

Even though both parties agreed to seal the court records on the case, the federal district trial court judge ruled that a settlement agreement between the a restaurant chain and a group of employees over alleged violations of federal employment law must be open to the public. The judge said, “Few principles have as long [...]

Watergate: Federal judge orders unsealing of Nixon’s grand jury testimony

Subject to review by the federal agency in charge of the records, a federal court in Washington, D.C. ordered unsealed the testimony of President Richard Nixon to the 1975 grand jury on the Watergate investigation. The judge said, “To be sure, Watergate’s significance in American history cannot be overstated. Nearly forty years later, Watergate continues [...]

ACLU calls for limits to government secrecy practices

In a report released on July 28, the American Civil Liberties Union says that since 9/11, the government has created secret agencies, committees, court and laws to keep their activities from public scrutiny. Michael German, ACLU national security policy counsel and former FBI agent warns of the damage too much secrecy can do, “By undermining [...]

Federal judge opens door for release of records in Giffords shooting

The Washington Post said it was a “positive development” when a federal district judge said the U.S. Attorney’s office could review the records in the Tucson shootings in January that killed six and wounded 13 including Rep. Gabrielle Giffords, and after redacting any private or confidential information, could release them to the media. Under a [...]

Texas: Journalist covering terrorism case seeks to suspend gag order

In a case of a man from Saudi Arabia alleged to have attempted to bomb targets in the U.S. including the house of ex-President George W. Bush, a journalist from Texas is asking for the federal appeals court to reverse a gag order issued by a trial court. The reporter’s petition reads, “Any restriction on [...]

Federal judge in Florida blocks bid for gag order in civil rights case

Attorneys for the Southern Poverty Law Center are allowed to discuss a civil rights case involving treatment of plaintiffs in a private Juvenile Detention Center. A federal judge found that a fair trial would not be compromised by statements from plaintiffs or their attorneys. The judge noted that while “Defendants are dismayed by the extrajudicial [...]

Media wants court documents from suit brought by Madoff trustees

NBC Universal and The New York Times Co. have filed a motion to gain public access to a complaint filed by Madoff trustees against investors allegedly tied to ownership of the New York Mets professional baseball team. -db The Reporters Committee for Freedom of the Press January 28, 2011 By Kacey Deamer NBC Universal, on [...]

Supreme Court allows partial access to court filings of case involving pain medication

The U.S. Supreme Court ruled that the public could review the court proceedings and issues involved in a Kansas suit over alleged unlawful prescription of pain relief medication. -db The Reporters Committee for Freedom of the Press October 18, 2010 By Derek Green The United States Supreme Court today denied the Reporters Committee for Freedom [...]

Military judge refuses request to close hearing in Fort Hood shooting

A military judge who will preside over the hearing on the Fort Hood, Texas shootings denied a request to close the hearing to the public saying the victims and the families have the right to hear testimony. -db The Reporters Committee for Freedom of the Press September 17, 2010 By Rosemary Lane A military officer [...]

Justice Department wants to close trial of Blackwater guards

Citing national security issues, the Justice Department has asked a judge to close the Jan. 7 trial of five security guards who allegedly killed more than a dozen Iraqi civilians. -DB Reporters Committee for Freedom of the Press December 21, 2009 By Rory Eastburg The Justice Department has asked a judge to close a Jan. 7 [...]

In Separate Moves, State and Federal Courts in California OK Policy Changes Allowing Greater Public Access

BY PETER SCHEER — The courts in California are often criticized for being out of step with the rest of the country. A willingness among judges to deviate from national orthodoxy is not necessarily a bad thing, however. Just this week the administrative arm of the California Supreme Court adopted a rule providing public access [...]

Federal court orders Guantanamo hearing closed to public

The U.S. Court of Appeals decided they don’t want the public to hear the oral arguments in a Guantanamo detainee case crucial to determining if habeus corpus applies to those held in detention as “enemy combatants.” -DB The Blog of Legal Times September 15, 2009 By Mike Scarcella Everybody out: a three-judge panel of the U.S. [...]

Prominent retired judge urges bar association lawyers to stop filing court documents under seal

Retired federal judge, congressman and White House counsel Abner Mikva says too many lawyers routinely file court documents under seal without compelling public policy reason as justification. -DB Reporters Committee for Freedom of the Press July 31, 2009 By Rory Eastburg Abner Mikva – retired federal judge, congressman, and White House counsel – urged lawyers at [...]