Fighting and Opposing Motions For Protective Orders

David A. Szwak

Fighting and Opposing Motions For Protective Orders

Postby David A. Szwak » Mon Oct 17, 2005 11:18 am

Zahran v. Trans Union Corp.
Not Reported in F.Supp.2d, 2002 WestLaw 31010822
N.D.Ill.,2002.

Debtors brought action against credit reporting agencies, alleging violation of Fair Credit Reporting Act. One credit reporting agency moved for protective order and filing under seal certain exhibits filed by debtors and statements contained in debtors' pleadings. The District Court, Keys, J., held that neither credit reporting agency's consumer relations policy in its handbook, or its subscriber agreement with creditor qualified as trade secrets or other confidential information, precluding issuance of protective order for those documents. Motion denied.

David A. Szwak

Baxter International v. Abbott Labs.: US 7th Cir.

Postby David A. Szwak » Mon Oct 17, 2005 11:24 am

The Seventh Circuit has recently ordered that all parties seeking protective orders before it provide a detailed account of which documents the parties wish to cloak in secrecy and to provide legal reasoning and authority. Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 548 (7th Cir.2002). The court ruled that bald assertions of confidentiality, such as a statement by a movant that "disclosure could ... harm [the movant's] competitive position" is insufficient. Id. at 547 (internal quotation omitted). The court observed that documents containing both trade secrets and non-protectable information need only have certain portions of the documents redacted in order to maintain trade secrecy. Citizens, 178 F.3d at 945.


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