Herndon, VA asked in Civil Litigation for Virginia

Q: What are the biggest reasons some lawsuits are kept sealed instead of open to the public?

This has to do with confidential settlements.

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2 Lawyer Answers
Timothy R Johnson
Timothy R Johnson
Answered
  • Berryville, VA
  • Licensed in Virginia

A: If you are just looking for policy reasons, Googling this topic will provide you a wealth of information.

But generally, lawsuits themselves are not 'sealed'. Specific records within the lawsuit may be sealed though, typically to protect personal information (ex: social security numbers; bank accounts; personal addresses;), and a business's proprietary information (ex: trade secrets; private company information; employee personal information).

Unless a settlement is court-ordered, even settlement agreements are not typically made a part of the court's records. Instead, the parties form a private settlement agreement (contract), but as a term of that agreement, the parties typically resolve to dismiss the current case, and all claims associated with it. If a party violates the settlement agreement, a new case would need to be heard as a breach of contract case based on the settlement agreement; not on the prior case.

F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: This is generally done to protect the innocent.

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