one of the most questionable, if not unethical practices in product liability suits today is the use of court orders to bar public disclosure of manufacturer's information concerning product safety. These orders result where, in a claim involving a defective product, the plaintiff's attorney, for example, needs documents and other evidence to establish a claim. Often, the manufacturer-defendant will seek a court order that requires the plaintiff, at the end of the case, to destroy or return to the manufacturer the evidence, without making it public. Since the plaintiff's attorney has a duty to protect the interests of his or her client--as opposed to those of the public at large--that attorney acquiesces to this request and agrees to seek the court order. The agreements are blessed by the court and then the documents are placed under confidential seal. Thus, access to product information comes at a heavy price. In an interesting book describing litigation of asbestos cases, these bargaining tactics and their consequences that are harmful to the general public were graphically illustrated.
Editor's note · Context
Discussing unethical practices in product liability suits regarding confidentiality of safety information.
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