New California Bill Tries to Limit Dangerous Secrecy in Litigation

According to news sources, a bill that cleared California’s Senate Judiciary Committee recently would discourage secrecy about safety hazards discovered in litigation.

The Public Right to Know Act of 2022 would create a presumption that court orders may not conceal information about defective products or environmental hazards that pose a danger to the public. To overcome the presumption, a court must find that the public interest in disclosure is clearly outweighed by a specific and substantial need for secrecy. Trade secrets, settlement amounts and other specific categories of information would still be protected.

Any settlement agreements that bar disclosure of information about defective products and environmental hazards would be void as against public policy and could not be enforced. Supporters point to protective orders and settlements that allowed pharmaceutical company Purdue Pharma to continue marketing OxyContin for more than a decade, despite evidence that the company knew that the drug was being misused.

Seven other states (South Carolina, Arkansas, Nevada, Oregon, Texas, Montana and Virginia) have enacted similar presumptions favoring disclosure, according to Law360.

Business groups argue that the bill would discourage settlements and increase time and money spent on litigation.

Secret or not, the difference in this or any case comes down to reliable intelligence. As we often see, investigations can lead to to big victories in the courtroom or more favorable settlements. And we know that success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!