FEDERALCourt of Appeals for the Ninth Circuit
2011

In Re Roman Catholic Archbishop of Portland in Or.

661 F.3d 417Court of Appeals for the Ninth Circuit • Decided 2011Affirmed
FLAGSHIPDispute ResolutionCited 318 times

HOLDING

The Ninth Circuit Court of Appeals ruled that discovery documents—including personnel files of priests—must be disclosed in lawsuits when the public interest in identifying wrongdoers outweighs privacy concerns. The court found that materials produced during pretrial discovery are presumptively public unless a specific legal protection applies. For construction subcontractors, this means documents exchanged during disputes are generally discoverable and may become public, even if they contain sensitive information about employees or third parties.

KEY FINDINGS

Dispute Resolution

Discovery documents are presumptively public—assume anything you produce in a lawsuit could become public record unless a specific legal privilege protects it

FULL COURT OPINION