COURT AGREES TO PERMANENTLY SEAL CONFIDENTIAL PORTIONS OF MEMORANDA AND DEPOSITION TESTIMONY IN REINSURANCE DISPUTE
In a reinsurance dispute, a court agreed to seal portions of two memoranda of law and exhibits containing excerpts of deposition testimony of the reinsurer’s vice president. The court had previously provisionally sealed the material pursuant to the parties’ stipulated protective order, subject to the reinsurer’s submission of the particular lines and/or passages of testimony to be sealed and the particular grounds for such sealing. After the reinsurer submitted this information, the court agreed to maintain the sealing. Regarding the relevant portions of the memoranda, the court found that they contain confidential business information, and that sealing was appropriate in light of the fact that the cedent had also filed redacted versions of both documents. The court also agreed to permanently seal the deposition excerpts because the court found that they “contain sensitive and confidential business information, disclosure of which could materially affect [the reinsurer’s] ability to compete effectively as a business,” and because the request was narrowly tailored. Travelers Indemnity Co. v. Excalibur Reinsurance Corp., Case No. 3:11-cv-1209 (USDC D. Conn. Nov. 26, 2013).
This post written by Michael Wolgin.
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