3rd Circ. Is Raising Standards For Sealing Confidential Docs

By Thatcher Rahmeier (April 20, 2020, 5:42 PM EDT) -- In civil litigation, parties regularly litigate under a protective order pursuant to Federal Rule of Civil Procedure 26(c). Such a protective order typically applies to all litigation materials — not just those filed in court — because "[c]ourts have inherent power to grant orders of confidentiality over materials not in the court file."[1]

Parties operating under these orders have a tendency to designate vast quantities of discovery material confidential, which largely goes unchallenged. However, when discovery materials and other information deemed confidential by a party are filed as court documents, routine application of protective orders may conflict with the more rigorous...

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