A.A. and A.M. v. Glicken, S.
237 A.3d 1165
Pa. Super. Ct.2020Background
- A.A. and A.M., individually and as parents/guardians of minor J.A., sued Dr. Stephan Glicken and Lehigh Valley entities for medical malpractice arising from a newborn circumcision.
- The parties executed a settlement on March 1, 2019 that included a confidentiality provision barring disclosure of the case and settlement terms.
- Appellees filed a petition to approve the minor’s settlement (Pa.R.C.P. 2039) on or about April 20, 2019; defendants (Appellants) orally sought to seal that petition and later filed a motion to seal.
- After a June 21, 2019 hearing at which Appellants presented no witnesses or evidentiary proof, the trial court denied the motion to seal the petition but temporarily sealed the settlement agreement for 30 days and while any appeal was pending.
- Appellants appealed, invoking the collateral order doctrine; the Superior Court found the appeal was properly before it, addressed the merits, and affirmed the trial court’s denial for lack of good cause to overcome the common-law presumption of openness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying defendants’ motion to seal the petition to approve a minor’s settlement | Appellees: public right of access to court records outweighs confidentiality; petition approval is a public judicial act | Appellants: sealing is needed to protect privacy, enforce the parties’ confidentiality agreement, and avoid chilling future settlements | Court: Affirmed denial — appealable as collateral order; defendants failed to show good cause (no evidentiary proof of serious, defined harm); confidentiality agreement alone insufficient |
Key Cases Cited
- Ben v. Schwartz, 729 A.2d 547 (Pa. 1999) (defines three elements for collateral-order review: separability, importance, irreparable harm)
- Melvin v. Doe, 836 A.2d 42 (Pa. 2003) (Rule 313 collateral-order doctrine must be interpreted narrowly)
- Pace v. Thomas Jefferson Univ. Hosp., 717 A.2d 539 (Pa. Super. 1998) (discusses appealability and appellate rules)
- Stahl v. Redcay, 897 A.2d 478 (Pa. Super. 2006) (applies collateral-order criteria)
- R.W. v. Hampe, 626 A.2d 1218 (Pa. Super. 1993) (recognizes public’s common-law right of access to civil trials and judicial records)