Can documents in reference to an ongoing lawsuit be published and distributed online? Judge Cogan and subsequently Judge Weinstein of Brooklyn thought not, according to the injunctions they issued to lawyer Jim Gottstein for the recall of all Eli Lilly documents he had distributed related to the inappropriate usage and marketing of Zyprexa, documents that Gottstein reportedly obtained through a subpoena in support of another lawsuit.
Out in the blogosphere, this injunction has been coined ‘Judge Tries to Unring Bell Hanging Around Neck of Horse Already Out of Barn Being Carried on Ship That Has Sailed’ source: TortsProfBlog
Aside from the “this is absurd” interpretation so aptly described by the TortsProf, is it even legally tenable? The Electronic Frontier Foundation (EFF) has lent its support to the distribution of the documents, which according to the NYT contained evidence that Eli Lilly suppressed information about side effects and marketed the drug against FDA approval for ‘off label’ uses.
Mind Freedom also supports Gottstein’s position that the documents are not eligible to be sealed due to the public’s right to safety and the fact that the documents do not in fact contain proprietary or trade secret information. Mind Freedom and the Alliance for Human Research Protection have defended what they consider to be the right to free speech in court hearings on Jan 16 and 17, 2007 and now await Judge Weinstein’s decision, expected soon.
The website most implicated for the distribution of the documents was a wiki at zyprexa.pbwiki.com. At the moment, this and all other sites are complying with the injunction.
Can you say “[down with] censorship†and “public safety†and “whistleblower protection�
Good, altogether now!
-PC
Feb. 18.07 update…
Evelyn Pringle reports in Counterpunch on Judge Weinstein’s Feb 13.07 decision to enforce a permanant injunction to prevent circulation of the documents.
Mar.1.07 update …
Mind Freedom reports a mixed decision - Judge Weinstein recognizes importance of upholding free speech, permitting websites to post the documents. But Weinstein enacts a permanent injunction against the original ‘conspirators’. Link.