United States Fourth Circuit

In an appeal from a Massachusetts district court's order modifying a protective order issued by a Maryland District Court to allow disclosure of a nonparty witness's identity, the order is affirmed where: 1) the Massachusetts court did not enter any order intending to control the authority of the Maryland court to manage discovery and the litigation; and 2) the witness's speech at issue was commercial speech and subject to a substantial governmental interest in disclosure.

Appellate Information

• Decided 08/13/2009
• Published 08/13/2009

Judges

• Before SANDRA DAY O'CONNOR, Associate Justice (Retired), Supreme Court of the United States, sitting by designation, and NIEMEYER and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell Beck, Foley & Lardner, LLP, Boston, Massachusetts, for Appellant.  Michael Broughton Mac-Williams, Venable, LLP, Baltimore, Maryland, for Appellees.   ON BRIEF:  Marie Scheibert, Foley & Lardner, LLP, Boston, Massachusetts, Michael J. Lockerby, Foley & Lardner, LLP, Washington, DC, for Appellant.  James L. Shea, Venable, LLP, Baltimore, Maryland, James A. Dunbar, Heather L. Mitchell, Venable, LLP, Towson, Maryland, for Appellees.