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- Title
New Jersey: Public Interest and Arbitration Confidentiality.
- Abstract
The article reports on a case in which a New Jersey appeals court held that an arbitration confidentiality agreement alone is insufficient to uphold a protective order sealing documents filed in court. In order for files to be sealed against use in court, defendants must show that making the files public would be damaging. In this case, the defendant had failed to do so. The defendant in the case had represented the plaintiff in a previous case in a lawsuit against the plaintiff's ex-employer. The employer settled secretly with the plaintiff's lawyer for a large sum, but had settled with the plaintiff for a much smaller amount. The plaintiff, in turn, sued his previous legal representative for bribery. It was at this time that the previous lawyer tried to have the documents sealed.
- Subjects
NEW Jersey; ARBITRATION ethics; COMMERCIAL arbitration agreements; TRIALS (Bribery); LEGAL ethics; ATTORNEY &; client; ACTIONS &; defenses (Law)
- Publication
Dispute Resolution Journal, 2006, Vol 61, Issue 3, p9
- ISSN
1074-8105
- Publication type
Article