DELAWARE COALITION FOR OPEN GOVERNMENT v. STRINE

No. 12-3859.

733 F.3d 510 (2013)

DELAWARE COALITION FOR OPEN GOVERNMENT, INC. v. The Honorable Leo E. STRINE, Jr.; The Honorable John W. Noble; The Honorable Donald F. Parsons, Jr.; The Honorable J. Travis Laster; The Honorable Sam Glasscock, III; The Delaware Court of Chancery; The State of Delaware The Honorable Leo E. Strine, Jr.; The Honorable John W. Noble; The Honorable Donald Parsons, Jr.; The Honorable J. Travis Laster; The Honorable Sam Glasscock, III, Appellants.

United States Court of Appeals, Third Circuit.

Filed October 23, 2013.


Attorney(s) appearing for the Case

Andre G. Bouchard , Joel E. Friedlander , Jeffrey M. Gorris , Bouchard, Margules & Friedlander, Lawrence A. Hamermesh , Widener University School of Law, Wilmington, DE, Andrew J. Pincus , [argued], Mayer Brown , Washington, DC, Attorneys for Appellants.

David L. Finger , [argued], Finger & Slanina, Wilmington, DE, Attorney for Appellee.

S. Mark Hurd , Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Attorney for Amicus Curiae The Corporation Law Section of the Delaware State Bar Association.

Roy T. Englert, Jr. , Robbins, Russell, Englert, Orseck & Untereiner, Washington, DC, Attorney for Amici Curiae The Chamber of Commerce of the United States of America and Business Roundtable.

Scott L. Nelson , Public Citizen Litigation Group, Washington, DC, Attorney for Amicus Curiae Public Citizen, Inc.

Bruce D. Brown , The Reporters Committee for Freedom of the Press, Arlington, VA, Attorney for Amici Curiae The Reporters Committee for Freedom of the Press and Twelve New Organizations.

Before: SLOVITER, FUENTES, and ROTH, Circuit Judges.


OPINION

SLOVITER, Circuit Judge.

This appeal requires us to decide whether the public has a right of access under the First Amendment to Delaware's state-sponsored arbitration program. Chancellor Strine and the judges of the Delaware Chancery Court ("Appellants"), who oversee the arbitrations, appeal a judgment on the pleadings entered in favor of the Delaware Coalition for Open Government (the "Coalition"). The District Court found that Delaware's proceedings...

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