Carroll v. Southwestern Bell Corp.

U.S. Court of Appeals for the Eighth Circuit January 11, 1993

Carroll v. Southwestern Bell Corp., 982 F.2d 1255 (8th Cir. 1993)

1993 WL 13610

Opinion of the Court

JOHN R. GIBSON,

dissenting.

I respectfully dissent.

This case involves a dispute over attorneys’ fees in an ERISA claim that was settled. All of the settlement papers in the ERISA claim were sealed by the district court.

I feel strongly that the business of the courts is public business. I would require the parties to air their dispute in public. This case does not involve trade secrets, just a desire to keep the terms of a settlement secret. This the parties may do, but when they ask the court’s blessing, they ask too much. I have serious concerns about propriety of the district court order sealing the terms of the settlement. This court should not perpetuate this ruling.

Reference

Full Case Name: James CARROLL v. SOUTHWESTERN BELL CORPORATION Southwestern Bell Telephone Company Sickness and Accident Disability Benefits Plan, Medical Plan Group Life Insurance Plan The Benefit Plan Committee of the Sickness and Accident Disability Benefits Plan The Employee Benefit Committee of the Pension Plan
Cited By: 1 case
Status: Published