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The Sunshine in Litigation ACT: Does Court Secrecy Undermine Public Health and Safety?: Hearing Before the Subcommittee on Antitrust, Competition Policy, and Consumer Rights of the Committee on the Judiciary, United States Senate
Original publisher: Washington: U.S. G.P.O.: For sale by the Supt. of Docs., U.S. G.P.O., 2008. LC Number: KF26 .J8352 2007d OCLC Number: (OCoLC ...Show synopsisOriginal publisher: Washington: U.S. G.P.O.: For sale by the Supt. of Docs., U.S. G.P.O., 2008. LC Number: KF26 .J8352 2007d OCLC Number: (OCoLC)212841300 Subject: Court rules -- United States. Excerpt: ...11 It is undisputed that much of the civil litigation in this country is taking place in secret. Whether it's protective orders, secret set-tlements or sealing of court records, the public courts are being used to keep smoking gun evidence of wrongdoing from the public eye. Court secrecy is at least as common today as it was in the 1990 ' s, when the Firestone tire and breast implant scandals came to light. A Seattle Times series earlier this year uncovered more than 400 cases in a single court that had been wrongly sealed, many involv-ing matters of public safety. Also, earlier this year, it came to light that Allstate Insurance Company had implemented a program where it was intentionally underpaying its policyholders on legitimate claims in order to in-crease shareholder profits. It worked. The program resulted in record operating income dur-ing a time marked by some of the worst natural disasters in recent history, including Hurricane Katrina. And the documents about this program were produced in litigation, but were kept secret from the public pursuant to a protective order. It was not until a lawyer who had seen them published his notes that the contents of the documents became known. The reason this happens is that defendants want secrecy and plaintiffs and judges do not do enough to oppose it. Defendants want secrecy, for the most part, because information about haz-ardous products and fraudulent business practices is bad PR and can lead to more lawsuits against them. Plus, in the settlement context, the defendant sometimes just does the math. It's cheaper to pay off the occasional individual who figures out the evidence, as long as you can keep it secret, than it would be to fix the product or change the practice. Plaintiffs, for their part, might w...Hide synopsis
The Sunshine in Litigation ACT: Does Court Secrecy Undermine Public Health and Safety? – Trade paperback
(2010)
by United States Congress Senate Committee (Creator)
Description:New. This item is printed on demand. The BiblioGov Project is...New. This item is printed on demand. The BiblioGov Project is an effort to expand awareness of the public documents and records of the U.S. Government via print publications. In broadening the public understanding of government and its work, an enlightened de.
Description:BRAND NEW PAPERBACK. 7.44 by 10 inches. This book is printed on...BRAND NEW PAPERBACK. 7.44 by 10 inches. This book is printed on demand [allow 1-2 weeks for printing]. (00252 pages) lang=english accessory: no accessory (Paperback )
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