United States First Circuit

A party seeking protection from disclosure of defamatory materials filed in a bankruptcy case, under 11 U.S.C. - 107(b)(2), must show 1) the material at issue would alter his reputation in the eyes of a reasonable person, and 2) the material is untrue or potentially untrue or included for an improper end.

Appellate Information

• Decided 08/31/2005
• Published 08/31/2005

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and BARBADORO,U.S. District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Max Stern, with whom Lillian Hirales and Stern, Shapiro, Weissberg & Garin, LLP were on brief, for appellant Gary Gitto., Juiliane Balliro, with whom Paul Leoni, Christine M. Griffin, and Perkins, Smith & Cohen LLP were on brief, for appellant Charles Gitto.


• For Appellees:
  
• Jonathan M. Albano, with whom Aaron Wais, Bingham McCutchen LLP, David McCraw, and The New York Times Co. were on brief, for appellee Worcester Telegram & Gazette Corp., Peter J. Caruso, with whom Peter J. Caruso II and Caruso & Caruso LLP were on brief, for appellee MediaNews Group, Inc., Robert M. Buchanan, Jr., with whom Charles L. Glerum, Joseph M. Downes III, and Choate, Hall & Stewart LLP were on brief, for appellee Charles Glerum, Examiner.