Monday, January 15, 2007
Today's New York Times has a background article about Judge Jack B. Weinstein's attempt to shut down the sharing of documents originally ordered sealed in the Eli Lilly litigation. Those documents went from a witness in the case, told to produce them by a court in another, unrelated case, to a lawyer in the unrelated case representing one of the parties. Now it seems as though they are sitting everywhere, from the Times' own files to Swedish servers, all apparently far from Judge Weinstein's reach, although he has ordered the attorney in the unrelated case to get all copies of the documents back. The Electronic Frontier Foundation has now taken an lively interest and has filed its own motion. Representing a John Doe who has posted Lilly documents to a Wiki, the EFF alleges that the judge's injunction applies to a non-party and that the injunction amounts to a prior restraint.
My LawProf colleague William Childs has more discussion of the Zyprexa case at his TortsProfBlog here.