Crafting Motions To Seal After 3rd Circ. Avandia Decision

Law360 (August 23, 2019, 1:43 PM EDT) -- In a recent precedential opinion, In re Avandia Marketing, Sales Practices & Products Liability Litigation,[1] the U.S. Court of Appeals for the Third Circuit clarified the standard for filing documents under seal — a nuts and bolts issue regularly confronted by litigators and trial court judges. This article analyzes that important decision and offers a few strategies for protecting your client’s confidential information.

Background

The Avandia litigation began as a putative class action brought by two health benefit plans who alleged that GlaxoSmithKline LLC violated the Racketeer Influenced and Corrupt Organizations Act and certain state consumer protection laws in connection with its marketing...

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