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Expert Analysis

How Fed. Circ. Should Address Plague Of Over-Redactions

Law360, New York (December 11, 2014, 10:27 AM EST) -- Judges and panels of the Federal Circuit frequently express frustration with litigants who over-redact "confidential" material in their briefs. Judge Timothy Dyk has referred to the practice as "an absolute plague."[1] The court's practice notes state that "[u]nnecessarily designating material in the briefs and appendix as confidential may hinder the court's preparation and issuance of opinions."[2] A 2011 panel opinion imposing sanctions for excessive confidentiality designations stated that that practice "ignores the requirements of public access, deprives the public of necessary information, and hampers this court's consideration and opinion writing."[3]...

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