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

Carroll v. Southwestern Bell Corp.

Carroll v. Southwestern Bell Corp.
U.S. Court of Appeals for the Eighth Circuit · Decided January 11, 1993 · Gibson
982 F.2d 1255; 1993 WL 13610 (Federal Reporter, Second Series)

Carroll v. Southwestern Bell Corp.

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.

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