…LAW ........................................................................................................... 6 1.0 The Gateway Pundit May Properly Intervene ................................................................. 7 2.0 Analysis ..........................................................................................…
…LAW .......................................................................................................... 1 1.0 CERNOVICH MEDIA MAY PROPERLY INTERVENE ............................................................ 2 2.0 ANALYSIS .................................................................................................…
…That test “asks both whether the documents have historically been open to the press and general public and whether public access plays a significant positive role in the functioning of the particular process in question.” Id. 18 Dershowitz’s motion…
…recommending the dominant purpose test: see at p. 8, para. C 17: "wholly or mainly." Even if the board's historical summation of the authorities be right, the House in Alfred Crompton Amusement Machines Ltd. v. Customs and Excise Commissioners …
…proceedings and documents, and asks “both whether the documents have historically been open to the press and general public and whether public access plays a significant positive role in the functioning of the particular process in question.” Lugosch, 435 F…
…2d 528, 531 (S.D.N.Y. 2008) (historically “both civil and criminal trials have been presumptively open”). For those reasons, there is a presumption in favor of public access and those seeking to limit that public access face a…
…is whether intervention will unduly delay or prejudice the adjudication of the rights of the parties whose lawsuits are being 'invaded.’”). Several other factors historically serve as guardrails for the Court’s discretion in permitting intervention under Rule 24(b)…
…test, a court evaluates whether the documents are those that "have historically been open to the press and general public" and for which "public access plays a significant positive role in the functioning of the particular process in question." Id…
…The “experience and logic” approach requires the court to consider whether the documents historically have been open to the press and public and whether public access “plays a significant positive role in the functioning of the particular process in question…
…the presumption of public filing that finds its twin sources in the common-law right of public access to judicial documents and the qualified First Amendment right to attend judicial proceedings. The two are entirely complementary."). Historically, at common law…
…S.D.N.Y.1981)). As the Supreme Court has made clear: The application of claim and issue preclusion to nonparties thus runs up against the “deep-rooted historic tradition that everyone should have his own day in court.” Richards…
…issue. For example, the scheduling of Ms. Maxwell’s deposition (which depended, among other things, on an historic snowstorm, a disputed protective order, Plaintiff’s failure to timely produce documents, and counsel’s conflicting calendars, all of which have been…
…at 25. These documents are directly related to Plaintiff’s damages claims for lost earnings and loss of earning potential – i.e. Plaintiff’s own actual historic earnings necessarily informs the basis for any claimed loss of earnings. Based on…
…issue. For example, the scheduling of Ms. Maxwell’s deposition (which depended, among other things, on an historic snowstorm, a disputed protective order, Plaintiff’s failure to timely produce documents, and counsel’s conflicting calendars, all of which have been…
…issue. For example, the scheduling of Ms. Maxwell 's deposition (which depended, among other things, on an historic snowsto1m, a disputed protective order, Plaintiffs failure to timely produce documents, and counsel 's conflicting calendars, all of which have been amply…