Adam Leitman Bailey, P.C. wins a landmark case on whether court settlements can be sealed. Defendants in this deadly crane collapse had settled with Labor Law death plaintiffs from the available pool of insurance. They refused to disclose settlement amounts based on a prior Order that settlements would remain confidential until all Labor Law death cases settled. Crave Foods, Inc., a restaurant whose business had been destroyed by the crane collapse, together with a personal injury plaintiff, successfully moved the trial Court to unseal the settlements. On appeal, the First Department agreed with Crave’s argument and determined that absent a finding of good cause made to serve compelling objectives, there is a presumption of public access. The Court also found that “the plaintiffs made a better argument” that unsealing the records was necessary to enable plaintiffs to make informed decisions as to the relative benefits and drawbacks of settling their own claims and that secrecy would prevent Crave’s lawyers from “fully discussing with their clients all of the relevant information in the case.”
Adam Leitman Bailey and Colin Kaufman prevailed at the trial level and Jeffrey Metz prevailed on appeal for Adam Leitman Bailey, P.C.