Protective Order

A protective order is a court order that limits how information exchanged in a lawsuit can be used or shared. In asbestos cases it often governs company documents produced in discovery, and the plaintiff's medical records, by allowing them to be marked confidential and used only for the case.

Origin

Courts have long had the power to protect parties from undue burden or the disclosure of trade secrets and private information in discovery; federal Rule 26(c) and similar state rules set the standards. Many protective orders are stipulated, meaning the parties agree to their terms and the judge signs them.

Significance in Asbestos Context

Much of what is known about what asbestos companies knew, and when, came from internal documents produced in litigation. Protective orders affect whether such documents stay sealed after a case or can be used in other cases or made public. Plaintiffs' lawyers sometimes challenge confidentiality designations on old company records, arguing that health and safety information should not be kept secret; defendants argue for protecting business information. Some states have laws or court rules limiting secrecy for information about public hazards. Protective orders also protect plaintiffs: they can limit how a defendant uses medical records, tax returns or family information. Breaking a protective order can lead to court sanctions, so lawyers follow them closely.

Example Sentence

Under the protective order, the 1960s memos produced by the manufacturer were stamped confidential and could be used only in that lawsuit until the judge lifted the designation.

Related Terms

Discovery, Subpoena, Fraudulent Concealment, State of the Art Evidence, Attorney-Client Privilege, Work Product Doctrine

Notes

• Ask your lawyer how your medical and financial records will be protected during the case.
• Do not post documents or testimony from your case online without checking with your lawyer first.