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Third Circuit rejects motion to retroactively seal brief

Eugene Volokh has details though, alas, no precedential opinion to forestall similar future motions. We discussed the case earlier. But as Orin Kerr says in the comments, "We'll see what the en banc Third Circuit has to say about THAT."

As I suggested earlier, "It seems to me that if a client is aggrieved by a commentator publicizing the arguments of his attorney's briefs, his remedy is to sue his attorneys for legal malpractice for making those arguments in the public record rather than to ask the court to censor that work."

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.