Legal Opinion

Gitto v. Worcester Telegram & Gazette Corp.

Court of Appeals for the First Circuit

Decided August 31, 2005No. 05-1658, 05-1666PublishedCited by 125 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This case presents a matter of first impression in our circuit, requiring us to interpret 11 U.S.C. § 107(b)(2), which provides an exception to the rule of public access to papers filed in a bankruptcy case for material that is “scandalous or defamatory.” Appellants Charles and Gary Gitto (collectively, “the Gittos”), who were formerly associated with a company that has since filed for bankruptcy protection, assert that an investigative report (“Report”) compiled by a court-appointed bankruptcy examiner (“Examiner”) falls within the § 107(b)(2) exception and that it must…

2Cases cited17 opinions

  1. Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
  2. Rita Schaal v. Kenneth S. Apfel, Commissioner of Social Security, 1 Dockets 96-6212, 96-6316Court of Appeals for the Second Circuit · 1998
  3. Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
  4. Ward v. Commissioner of Social SecurityCourt of Appeals for the First Circuit · 2000
  5. United States v. TexasSupreme Court of the United States · 1993

12 more not listed; retrieve them via the Exa API.

3Cited by125 opinions

  1. In Re Roman Catholic Archbishop of Portland in Or.Court of Appeals for the Ninth Circuit · 2011
  2. In Re: Deborah Alice Neal, Debtor, Deborah Alice Neal Unnamed Creditor, No. 1 Unnamed Creditor, No. 2 Unnamed Creditor No. 3 v. The Kansas City StarCourt of Appeals for the Eighth Circuit · 2006
  3. R & G Mortgage Corp. v. Federal Home Loan Mortgage Corp.Court of Appeals for the First Circuit · 2009
  4. United States v. Barbara ConeyCourt of Appeals for the Fifth Circuit · 2012
  5. In Re Food Management Group, LLCUnited States Bankruptcy Court, S.D. New York · 2007

120 more not listed; retrieve them via the Exa API.

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