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Dispute Resolution Keyed to Goldberg, 7th Ed.
Bank of America National Trust & Savings Association v. Hotel Rittenhouse Associates
Citation:
800 F.2d 339 (1986)Facts
In 1981, Bank of America contracted with Hotel Rittenhouse Associates (HRA) to finance the construction of a hotel. In June 1983, the Bank filed suit against HRA to foreclose on the property and collect on a loan, and HRA counterclaimed. FAB III, a concrete contractor on the project, filed a separate suit against the Bank in April 1984. The Bank-HRA action proceeded to trial in January 1985, but before the case went to the jury, the parties reached a settlement. At their request, the settlement agreement was filed under seal. When disagreements arose about the settlement, both parties filed motions to enforce the settlement agreement, which were also sealed. FAB III, which had claims against both the Bank and HRA, sought access to the sealed settlement documents to advance its own litigation interests. The district court denied FAB III’s motion to unseal, finding that the public and private interests in settling disputes outweighed the public interest in access to judicial records.
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