by Andrew M. Grossman
The Heritage Foundation
May 15, 2008
Rather than “restore public accountability in the judicial system by restricting court secrecy on matters that affect public health and safety,” as proponents claim, the Sunshine in Litigation Act (S. 2449) would cause complex litigation to grind to a halt and actually make it more difficult for personal-injury plaintiffs to obtain favorable settlements. The real beneficiary of the bill is not the public or tort victims, but the trial bar, which would have an easier time harassing companies with strike suits, fishing for evidence to use in unrelated cases, and filing “follow-on” lawsuits en masse.

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