GlobalTort

GlobalTort

The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

Category Archives: Secrecy

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Contrasts in Access to Data – Asbestos Bankruptcies and Underlying Litigation, versus Concussion Litigation

Posted in Asbestos, Class Actions/Aggregate Litigation, Constitutional Law/Mass Tort Law, Discovery, Due Process, Global Tort Litigation, Litigation Industry, Mass Tort Issues, Secrecy
In the NFL concussion litigation, the federal judge overseeing the case has now ordered release of supporting financial calculations for the preliminarily approved class action settlement. The order follows motions for access by players and media. Contrast that disclosure order against the approach in asbestos litigation. Asbestos bankruptcies are de facto class action proceedings. Nonetheless, bankruptcy… Continue Reading

Update on Constitutional Challenge to Secret Arbitrations in Delaware Chancery

Posted in Secrecy
The Delaware Corporate and Commercial Litigation blog by Francis Pileggi includes an update on the constitutional challenges to the Delaware Chancery rule creating secret arbitrations presided over by Delaware chancery judges. The post includes myriad links –  you can follow follow them back to see why most commentators see the procedure as a violation of… Continue Reading

State Secrets Privilege – Should The Alleged Victim Be Compensated When the Government Chooses to Exercise the Privilege ?

Posted in Policy Issues, Privileges, Secrecy, Sovereigns
Here is an interesting NLJ article on the state secrets privilege from a law professor and dean with an impressive background in both public interest litigation and academics. The law professor, Alan B. Morrison, currently is the Lerner Family Associate Dean for Public Interest and Public Service Law at the George Washington University School of… Continue Reading

Tort Settlement Secrecy – Can Government Lawyers Ethically Use Settlement Agreement Terms That Purport to Limit Future Use of The Settlement ?

Posted in Civil Rights, Secrecy, Sovereigns
Is it ethical for government lawyers to demand, or a plaintiff’s lawyer to sign, a tort claim settlement agreement that includes terms that purport to limit the use of the settlement agreement in future litigation? “No” is the answer provided in this article addressing the issue in the context of government and private lawyers involved… Continue Reading