Despite a lawyer’s claim that his firm’s discovery practices have unfairly come under scrutiny because of what one judge termed "outrageous" discovery conduct, a Philadelphia judge newly assigned to the case denied the lawyer’s request to seal or strike portions of her colleague’s order outlining that alleged conduct.
In the procedurally convoluted personal injury case of Burks v. Tomaszewski, Philadelphia Court of Common Pleas Judge Mary D. Colins said attorney Theodore Schaer of Zarwin Baum and his client, Megabus, did not overcome their high burden of showing why a May 21 order by Judge Frederica Massiah-Jackson should be sealed, or portions of it stricken.
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