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Another Reminder: Plaintiffs' Lawyers Ought to Warn Clients That Their Cases Will Be Publicly Available

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monday

Free Speech

Eugene Volokh | 8.4.2025 1:29 PM

From Judge Valerie Caproni (S.D.N.Y.) Tuesday in Hooks v. Bridgestreet Global Hospitality:

[O]n October 2, 2019, the parties informed the Court that they reached an agreement in principle, and this case was dismissed with prejudice …. [O]n July 18, 2025, Plaintiff moved to seal the public docket and associated filings in the case, as the "record contains sensitive personal information, including references to medical history and allegations of racial discrimination, which continue to cause reputational harm and professional hardship" ….

Plaintiff … argu[es] that the presumption of public access is outweighed by the following factors: the case was resolved without a finding of liability; the filings contain sensitive personal and medical information; the continued public availability of the record has caused harm to Plaintiff's employment prospects; there is no ongoing public interest in the contents of the file; and Plaintiff asked his former counsel to have the case sealed and relied on counsel's representations that the case would be closed ….

A brief excerpt from the plaintiff's declaration in support of the motion to seal the case file:

In 2018, I filed a civil rights action against my former employer …. Based on an arbitration clause in the onboarding paperwork, the Court........

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