1st DCA Strikes Significant Blow To Plaintiffs Regarding Sharing Provisions In Wal-Mart v Endicott

In a recent opinion, the Florida First District Court of Appeal (1st DCA) has struck a significant blow to plaintiff's lawyers who routinely demand that sharing provisions be placed in Protective Orders which govern the dissemination of a corporate defendant's confidential documents. Essentially, the Court held that a sharing provision which merely identifies the type of case in which sharing is permitted is not enough. Rather, the other litigants with whom sharing is proposed must be identified by name. Moreover, it appears that these other litigants must also personally appear in the trial court and argue that not allowing them access to the documents through a sharing provision will conceal a fraud or otherwise work an injustice upon them. Without question, the 1^st DCA has raised the bar which plaintiffs must meet to secure a sharing provision. The Court has also provided corporate defendants sued outside of Florida with potential ammunition to argue for a higher