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High court overturns confidentiality order

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The Indiana Supreme Court today overturned a Marion Superior Court's approval of a "Confidentiality Stipulation and Order," clearing the way for hundreds of documents to be opened and available for public inspection.

Marion Superior Court originally granted the parties' request to seal documents in the litigation of Travelers Casualty and Surety Co., et al. v. United States Filter Corp. n/k/a Water Applications & Systems Corp., et al. No. 49A02-0604-CV-289, which is currently on appeal to the Supreme Court. The case involves insurance coverage for bodily injury claims caused by exposure to silica.

The high court ordered the parties in August to show cause as to why the documents in this case should be confidential. The original stipulation cited the parties agreed the discovery and disclosure of privileged, confidential, or sensitive information may come up in litigation.

The Supreme Court vacated the confidentiality order today because the parties didn't offer any particularized arguments as to why Indiana Administrative Rule 9(H) would have allowed the trial court to exclude documents it tendered. Under this rule, a public hearing must be conducted before the trial court can grant an exclusion of documents from public access, which didn't happen in this case, wrote Chief Justice Randall T. Shepard.

Waste Applications cited Richey v. Chappell, 594 N.E.2d 443 (Ind. 1992) to justify the confidentiality order, arguing some documents should be excluded from public access by virtue of "insurer-insured privilege" and documents submitted are excluded from public view by Administrative Rule 9(G)(1)(b).

But the protections recognized under that rule by itself do not exclude documents submitted to a court from public access because the mechanism to seek to exclude information by a specific court order appears in Rule 9(H), which requires a public hearing, wrote the chief justice.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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