CARROLL v. SOUTHWESTERN BELL CORPORATION

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Docket Number

No. 92-3189.

Judges

DISSENT[2] JOHN R. GIBSON, dissenting.

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JAMES CARROLL, APPELLANT, 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, APPELLEES.

Appellant's motion to seal his opening brief on appeal and Volumes I and IV of his appendix is granted.

[2] 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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