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Written December 10, 2019
The Arizona Court of Appeals on November 26, 2019, reversed and remanded a trial court ruling which unsealed testing information concerning an alleged defect in a Goodyear tire model. Center for Auto Safety v. Goodyear Tire & Rubber Co., 2019 BL 455050, Ariz. Ct. App., Div. 1, No. 1 CA-CV 18-0244, 11/26/19.
According to the appeals court, the trial court applied the wrong legal standard in vacating a protective order and ordering the release of filings that contained confidential trade secrets. The trial court used the standard applicable to federal cases, the appeals court said. It vacated the ruling and directed the trial court to determine under Arizona rules whether there is an “overriding interest” that overcomes the public’s right of access.
According to the appeals court, the trial court applied the wrong legal standard in vacating a protective order and ordering the release of filings that contained confidential trade secrets. The trial court used the standard applicable to federal cases, the appeals court said. It vacated the ruling and directed the trial court to determine under Arizona rules whether there is an “overriding interest” that overcomes the public’s right of access.
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