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Legal News

: Legal Blog Watch

Legal Research Revisionism

By Robert J. Ambrogi

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What happens in the Eastern District of Pennsylvania stays in the Eastern District of Pennsylvania. That could be the new motto for that court, based on a story by Shannon P. Duffy in The Legal Intelligencer that is drawing a lot of interest among legal bloggers. The story describes the unusual terms of a personal-injury case settled while on appeal to the 3rd U.S. Circuit Court of Appeals: The confidential settlement in Klein v. Amtrak -- a case in which two trespassing teenagers climbed atop a parked train car and suffered serious burns when they got too close to a 12,000-volt catenary wire -- included an unusual provision that called for the trial judge to vacate all of his published opinions and have them removed from Lexis and Westlaw. And it worked. A few months after holding an hourlong oral argument, the 3rd U.S. Circuit Court of Appeals agreed in late July to remand the case to the trial judge, U.S. District Judge Lawrence F. Stengel, who, in turn, agreed to vacate eight of his published opinions and to "direct" Lexis and Westlaw to remove them from their databases. Westlaw spokeswoman Gretchen DeSutter tells Duffy that the judge's request to...

Full post as published by Legal Blog Watch on August 24, 2009 (boomark / email).