Sealing Documents

SEALING DOCUMENTS

Hagestad v. Tragesser, 49 F.3d 1430 (9th Cir. 1995)

The factors relevant to a determination of whether the strong presumption of access is

overcome include the “public interest in understanding the judicial process and whether disclosure

of the material could result in improper use of the material for scandalous or libelous purposes or

infringement upon trade secrets.” EEOC v. Erection Co., Inc., 900 F.2d 168, 170 (9th Cir. 1990)

(citing Valley Broadcasting, 798 F.2d at 1294). After taking all relevant factors into consideration,

the district court must base its decision on a compelling reason and articulate the factual basis for

its ruling, without relying on hypothesis or conjecture. Valley Broadcasting, 798 F.2d at 1295

In re Orion Pictures Corp., 21 F.3d 24 (2d Cir. 1994)

Documents containing promotional agreement were properly sealed under § 107(b)

Valley Broadcasting Co. v. U.S. D. Court of Nevada, 798 F.2d 1289 (9th Cir. 1986)

EEOC v. The Erection Co., 900 F.2d 168 (9th Cir. 1990)

Unsealing of documents – court’s refusal to do so reviewable for abuse of discretion