James Carroll v. Southwestern Bell Corporation

982 F.2d 1255, 1993 U.S. App. LEXIS 11518

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 11, 1993
• Docket: 92-3189
• Status: Published

Opinion

982 F.2d 1255

James CARROLL, Appellant,
v.
SOUTHWESTERN BELL CORPORATION; Southwestern Bell Telephone
Company; Sickness and Accident Disability Benefits Plan,
Medical Plan; Group Life Insurance Plan; The Benefit Plan
Committee of the Sickness and Accident Disability Benefits
Plan; The Employee Benefit Committee of the Pension Plan, Appellees.

No. 92-3189.

United States Court of Appeals,
Eighth Circuit.

Jan. 11, 1993.

Appeal from the United States District Court for the Eastern District of Missouri.

Appellant's motion to seal his opening brief on appeal and Volumes I and IV of his appendix is granted.

JOHN R. GIBSON, dissenting.

I respectfully dissent.

This case involves a dispute over attorneys' fees in an ERISA claim that was settled. All of the settlement papers in the ERISA claim were sealed by the district court.

I feel strongly that the business of the courts is public business. I would require the parties to air their dispute in public. This case does not involve trade secrets, just a desire to keep the terms of a settlement secret. This the parties may do, but when they ask the court's blessing, they ask too much. I have serious concerns about propriety of the district court order sealing the terms of the settlement. This court should not perpetuate this ruling.