Supporting the Sunshine in Litigation Act

Lawsuits often uncover information that is vital to others in similar situations.  For example, a single automobile accident may reveal a design or manufacturing defect that exists in thousands of other vehicles.  If this information is locked up by a secrecy order entered to settle the single case, others may be injured in accidents caused by the same defect that could have been prevented had the information become public. 

The Sunshine in Litigation Act of 2011 would curb the ongoing abuse of secrecy orders in federal courts by requiring judges to consider public health and safety before granting a protective order or sealing court records and settlement agreements.

Senator Kohl (D-WI) is the primary sponsor of the bi-partisan legislation, which is also co-sponsored by Senators Graham (R-SC), Feinstein (R-CA), and Leahy (D-VT).  The legislation was favorably reported out of the Senate Judiciary Committee on May 19th, 2011, with Senators Graham and Grassley (R-IA) joining all of the Committee’s democratic members in support.  Rep. Nadler (D-NY) has introduced similar legislation in the House.