State Farm Mutual Automobile Insurance Co v. Bedell
- Case Date: 9/26/2011
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On November 28, 2011, the U.S. Supreme Court declined to review a West Virginia state courtís extraordinarily broad protective order that would frustrate the efforts of insurance companies to monitor and report insurance fraud. The denial of review was a setback for WLF, which had filed a brief in the case urging the review, and ultimate reversal, of the protective order. It its brief, WLF argued that the First Amendment does not allow a trial court to enter a protective order purporting to regulate the retention or dissemination of information that a party obtained independently of discovery in the pending litigation. WLF further argued that the decision below sets a dangerous precedent for business defendants who are regularly involved in litigation, especially for insurers who have a duty to retain and disseminate information in order to monitor and combat insurance fraud and satisfy other mandated reporting requirements.
More Information and Downloads:
9/26/2011: Download the Brief
Litigation Update: High Court Declines To Review Overly Restrictive Protective Order