Gilat Juli Bachar, ‘Just Tort Settlements’, 56 Arizona State Law Journal 1201 (2024). The vast majority of tort cases are settled, and many of the settlements include confidentiality provisions that prevent the public from learning about the allegedly wrongful conduct. This has been true for decades, but the confidentiality provisions – nondisclosure agreements (‘NDAs’) – have become increasingly controversial. The #MeTooMovement provided momentum to criticism of NDAs, and multiple states and even the federal government have passed legislation restricting their use. But do such ‘sunshine laws’ matter to plaintiffs? Noting the lack of empirical data on the issue, Professor Gilat Juli Bachar fills the void with the first article to examine the ‘extent to which a confidentiality clause affects plaintiffs … when weighing a settlement offer …’ (p 1260) … (more)
[Christopher J Robinette, JOTWELL, 2 September 2025]
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