UPDATED & Exclusive: USDC SDNY Judge Brian M. Cogan Says “Not So Fast!” — With That Sealing Order...

I had wondered last night, after posting this one -- whether the press might make a filing, saying the public has “a right to know”. Now (as the case the able judge cites would suggest), the issues will be vetted -- in open court.

Here is the full text order — just entered; more soon:

. . . .All litigation in the bellweather cases is stayed until August 15, 2018. As to filing the MSA and associated Exhibits under seal, the parties will need to make a showing beyond their mere agreement that what appear to be judicial documents should be filed under seal.

See City of Hartford v. Chase, 942 F.2d 130, 136 (2d Cir. 1991). Ordered by Judge Brian M. Cogan on 4/10/2018. . . .

UPDATED @ 2 PM EDT: As the Second Circuit observed, in City of Hartford (cited above), there is "a strong presumption against sealing any document that is filed with the court. Our courts do not operate in secrecy. Except on rare occasions and for compelling reasons, everything that courts do is subject to direct public scrutiny. To hide from the public eye entire proceedings, or even particular documents or testimony forming a basis for judicial action that may directly and significantly affect public interests, would be contrary to the premises underlying a free, democratic society. . . .

This is highly unusual -- and I doubt this is a plaintiffs' request. And so, I might expect that Kenilworth will not be able to articulate such a "compelling interest" -- given that most of its own other class settlements have been widely published. I am thinking of the Vioxx litigation, the Fosamax litigation, the Nuvaring litigation and the Vytorin litigation, just to name the most recent three four.

In any event, it is a near certainty that each settling plaintiff will know what their particular payment will be; we just may not know the grand total, less attorneys’ fees — of all 652 added up. That is, if Merck's lawyers can demonstrate a compelling interest in secrecy.

 More as I have free time — smile!

नमस्ते