S. 537 would amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions.
Detailed Summary
Sunshine in Litigation Act of 2009 - Amends the federal judicial code to prohibit a court from entering an order restricting the disclosure of information obtained through discovery, approving a settlement disagreement that would restrict such disclosure, or restricting access to court records in a civil case, unless the court has found that: (1) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (2) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information, and the requested protective order is no broader than necessary to protect the privacy interest. Prohibits any party from requesting, as a condition for the production of discovery, that another party stipulate to an order that would violate this Act.
Prohibits a court from: (1) approving or enforcing an order prohibited under this Act, or any provision of an agreement between parties to a civil action, that restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information; or (2) enforcing any provision of a settlement agreement that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing a case or evidence that involves matters related to public health or safety, except where the court finds that the public interest in disclosure of potential health and safety hazards is outweighed by a confidentiality interest.
Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure.
Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of classified information, as defined under the Classified Information Procedures Act.
Status of the Legislation
Latest Major Action: 3/5/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
JB
October 4, 2009, 11:30am (report abuse)I am strongly in favor of passing the Sunshine In Litigation act. I am personally experiencing this situation - as a citizen who has spent six years and a massive investment of $/ resources in litigation against a large pharma company that has falsely marketed and sold it's drug in the pregnancy market - a form of blood thinner. We face a gag order to settle this, despite the need for the public to know what we have unearthed about the dangers of this drug and it's propensity to do harm in pregnancy. Please expedite the passing of the sunshine in litigation act so we can reveal the adverse event reports, expert assessments and important information that can protect mothers and unborn children from death or disability.