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.

Read Lefkoe v. Jos. A. Bank Clothiers, No. 08-2059

Appellate Information

Argued: May 15, 2009

Decided: August 13, 2009

Judges

Opinion by Judge Niemeyer

Counsel

For Appellant:

Russell Beck, Foley & Lardner, LLP, Boston, MA

For Appellee:

Michael Broughton MacWilliams, Venable, LLP, Baltimore, MD

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