Flores v. Cooper Tire and Rubber Co.

¶ 61 In my view, the issue presented by this appeal is whether the trial court violated Cooper’s right to due process when it accepted and considered the affidavit of Boudreau, filed ex parte and under seal, without revealing or describing any part of the affidavit’s contents to Cooper. Because I believe under the circumstances that it did, I dissent.

¶ 62 In our previous decision order we determined that when KNXV voluntarily agreed to be subject to the confidentiality order in this matter, and nevertheless published documents that were subject to it, KNXV had the burden of establishing that…