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Resisting Confidentiality Orders

NCJ Number
128943
Journal
Trial Volume: 26 Issue: 10 Dated: (October 1990) Pages: 50-53,56-57
Author(s)
F H Hare Jr; J L Gilbert
Date Published
1990
Length
6 pages
Annotation
Restrictive confidentiality orders (RCO) seek to preclude disclosure of discovery materials. Defendant manufacturers routinely use them when a number of cases are filed separately in different jurisdictions.
Abstract
Each presents a claim arising from the same product defect using the manufacturer's internal design documents to prove the case. The six points that a plaintiff's brief should include are discussed. The justification of trade secrets (which the manufacturer must use to permit the court to issue the RCO) is discussed. Other topics discussed include the value of information sharing, documents outside discovery process, identical discovery requests, filing counteraffidavits, alternative orders, and conflict with Federal rules. 56 notes

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