Roberto Robledo asked 2 months ago
Hi Brian, hope all is well! What are your thoughts/strategy in the following hypothetical? Let's say you discover Plaintiff in a credit card lawsuit has failed to properly redact sensitive personal information in their public court filings, such as DOB, SSN. How do you handle this? Do you have any videos / instructions on this hypothetical? Thanks!
Brian Parker Staff answered 3 weeks ago
In Michigan you have to place the bad guy on notice that this is in the Court record and demand retraction and redaction. I then harp on that throughout the case. I have settle many cases on that alone. Big No No. Here attached is an Example of a Redaction Order.
Attachments
John Foss answered 3 weeks ago
This is definitely not legal advice as I am not an attorney. This is just from my own studies, thoughts and potential actions that i could take in this situation. You would need to look this up on your own as I am not sure what state you are in. If I were in that position, considering I am in Michigan, I would look at MCR Rule 1.109 Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access.
MCR 1.109(D)(9) covers Personally Identiying Information.
I am considering filing a Motion to Seal Personally Identifying information for my personal address which is on court documents and seems to be liberally used by the Plaintiff's attorneys. In addition, any violations that I find in regards to court rules, or my rights with consumer protection laws, I am considering filing a motion for sanctions against the opposing party. I do believe there is a safe harbor requirement to give them notice to correct the situation.
** These are just the actions I personally am considering doing. This is not in any way legal advice as I am not qualified to give any of that. This is just my own thoughts and considerations.***
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