Bill would limit secrecy in product liability cases

The Daily Record Newswire A bill that would restrict the documents that can be placed under court-ordered seal in product liability cases has been filed in the House. Rep. Jerrold Nadler, D-N.Y., introduced H.R. 592, the Sunshine in Litigation Act, which would prohibit courts from entering an order sealing certain documents in product liability settlement agreements, absent a factual finding that the order would not restrict the disclosure of information relevant to the protection of public health or safety. The measure would require courts to weigh whether the public interest in the disclosure of past, present or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records sought to be sealed. ''Big corporations and manufacturers use various mechanisms to broadly shield vast amounts of information - some of which is vital to health and safety - from public scrutiny,'' Nadler said in a statement. Similar measures have been filed in Congress in the past, dividing segments of the legal community. The American Association for Justice has supported these measures, saying that the practice of sealing certain documents endangers patients and consumers by allowing producers of medical devices and other products to have documents detailing product dangers sealed from public view. But the American Bar Association has opposed the legislation, contending that the measure would impose additional, unnecessary requirements on federal courts and restrict the discretion of federal judges in ways that will only increase the burdens of litigation in both time and expense. Published: Thu, Feb 24, 2011