Sunshine for Consumers: How Proposed DC Law can Limit Court Secrecy Orders about Dangerous Products

Public access to judicial records is important. That is especially important in cases that have effects beyond the parties to the case—in particular, cases that involve defective products or dangerous environmental conditions that pose dangers to the general public. That principle is ignored when a court agrees to the parties’ request to hide those dangers from the public, by allowing overbroad confidentiality clauses in settlement agreements, or by issuing overbroad protective orders.

In conversation with Don Resnikoff, Naomi Claxton explains the need for public access to judicial records, and the need for laws that restrict overbroad confidentiality clauses in court-approved settlement agreements, and overbroad court-ordered protective orders. She explains that the proposed DC “Sunshine in Litigation Act of 2022” is such a law.

Please note, the positions and opinions expressed by the speakers are strictly their own, and do not necessarily represent the views of their employers, nor those of the D.C. Bar, its Board of Governors or co-sponsoring Communities and organizations.