WDDE reports a federal appeals court in Philadelphia ruled against the Delaware Court of Chancery’s use of confidential arbitration to settle some cases.
In a 2-1 vote the Third Circuit Court of Appeals said the arbitration program violates the First Amendment right to access civil trials.“Because there has been a tradition of accessibility to proceedings like Delaware’s government-sponsored arbitration, and because access plays an important role in such proceedings, we find that there is a First Amendment right of access to Delaware’s government-sponsored arbitrations,” wrote Judge Dolores Sloviter in the majority opinion.
The Delaware Coalition for Open Government filed suit in 2011 to open up the arbitration program that was created by the General Assembly in 2009 to settle business disputes between companies that involved over a million dollars.DelCOG president John Flaherty says he’s “very pleased” by the decision, and while he understands why the program has appeal to the state and businesses, that can’t override the First Amendment.
Click on the link to the story from WDDE:
