Second Circuit Clerk’s Office, once again, has issues with keeping “under seal” opinion under seal: Nearly eight years ago, I was involved in one such incident, detailed here, here, and here.
Something similar happened once again yesterday. As I previously noted in this post, yesterday the Second Circuit issued an order in a case of public interest stating that the court’s opinion was filed under seal and would be issued next Tuesday, possibly in redacted form after the parties have received an opportunity to suggest any desired redactions.
Late yesterday, however, Reuters published a revised version of its article headlined “Actavis cannot drop old version of Alzheimer’s drug — appeals court.” According to that article, “The decision was filed under seal, but a copy was provided to a Reuters reporter by a member of the court clerk’s office upon request.” It is certainly remarkable that the Second Circuit’s Clerk’s Office would apparently provide a news reporter with a copy of an under-seal opinion not scheduled for public release until next Tuesday — and subject to redaction in the interim before public release — merely because the reporter asked to see a copy of the opinion.
Posted at 10:14 PM by Howard Bashman