A protective order does not automatically overcome the presumptions of public access to court records that federal courts recognize under the U.S. Constitution and at common law.
If a party files a motion to keep documents a secret, or opposes a motion to disclose a certain document or testimony, that party must still show good cause to keep the public from having access so long as the documents or testimony are in the federal court files.
Proving good cause to deny public access in such a case must be made by proffering witness testimony, whether in person or by declaration or affidavit, that an identifiable and identified particular harm would be the result of disclosing the document or testimony in question.
Generalities are not proof. See Theriot v. Northwestern Mutual Life Insurance Co., 382 F. Supp. 3d 1255, 1259 (M.D. Ala. 2019).
The Theriot v. Northwestern Mutual Life Insurance Co. case is discussed along with many other first-party insurance cases addressing Confidentiality (protected) or Concealment (void) of Settlements, in 2 Dennis J. Wall, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 9:28 (3d Edition Thomson Reuters and 2020 Supplements).
Please read the disclaimer. ©2020 Dennis J. Wall. All rights reserved.
Comments