A litigant’s reliance on a judge’s assurances of confidentiality in settlement discussions outweigh the public’s common-law right of access to the record, the Third U.S. Circuit Court of Appeals held Tuesday.

The court, in LEAP Systems v. MoneyTrax , 10-2965 and 10-3107, said the district judge did not abuse her discretion in deciding that the transcript of a court session memorializing a settlement was not subject to disclosure.

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