Sunshine in Litigation Act of 2008

To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes.

4/23/2008--Introduced.
Sunshine in Litigation Act of 2008 - Amends the federal judicial code to prohibit a court from entering an order restricting the disclosure of information obtained through discovery, approving a settlement disagreement that would restrict such disclosure, or restricting access to court records in a civil case, unless the court has found that:
(1) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or
(2) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information, and the requested protective order is no broader than necessary to protect the privacy interest. Prohibits any party from requesting, as a condition for the production of discovery, that another party stipulate to an order that would violate this Act. Prohibits a court from:
(1) approving or enforcing an order prohibited under this Act, or any provision of an agreement between parties to a civil action, that restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information; or
(2) enforcing any provision of a settlement agreement that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing a case or evidence that involves matters related to public health or safety, except where the court finds that the public interest in disclosure of potential health and safety hazards is outweighed by a confidentiality interest. Makes it a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial or health, or other similar information, outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of classified information.


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Sponsor

• Rep. Robert Wexler [D, FL-19]
• and 3 Co-Sponsors
  • Rep. Frederick Boucher [D, VA-9]
  • Rep. Jerrold Nadler [D, NY-8]
  • Rep. Christopher Van Hollen [D, MD-8]
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Committees

• House Judiciary
• 2 more
  • House Judiciary
  • House Judiciary
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Amendments

This bill has no amendments.

Amendments to H.R.5884

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
April 23, 2008

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All Bill Actions

• Jun 03, 2008: Referred to the Subcommittee on Commercial and Administrative Law.
• Jun 03, 2008: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
• Apr 23, 2008: Referred to the House Committee on the Judiciary.
• Introduced on Apr 23, 2008.

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Related Issue Areas:

• Right of privacy
• Government information
• Evidence (Law)
• Discovery (Law)
• 5 more
• Court records
• Confidential communications
• Civil procedure
• Civil liberties
• Law

Data from the Congressional Research Service

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In the News

April 29, 2008 Bill Requires Disclosure of Product Defects

In an effort to improve transparency following litigation on defective products, the House last week introduced the Sunshine in Litigation Act (HR 5884). ...

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Blog Coverage

November 26, 2008 PointofLaw.com | PointOfLaw Forum: Trial lawyer lobbying: Let the ...

S. 2449/H.R. 5884 (Sunshine in Litigation Act; to amend Title 28, U.S.C., relating to the protective orders, sealing of cases, and disclosure of discovery information in civil actions.) • S. 2041/H.R. 4854 (False Claims Act Correction ...

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Source: PointOfLaw Forum

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September 24, 2008 sunshine litigation bill unnecessary

... before the house judiciary subcommittee on commercial and administrative law. the conference opposes hr 5884 and its companion bill in the senate, s. 2449, because they bypass the rules enabling act process established by congress.

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September 04, 2008 Lilly Faces Zyprexa Class Action By 3rd-Party Payors // Pharmalot

For those interested in seeing documents in these cases get into the public domain, there are proposed bills in both the House and Senate called the Sunshine in Litigation Act (HR. 5884 and S 2449). Please express your opinions on these ...

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Source: Pharmalot

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