We discussed the consequences of violating a settlement agreement that contained a confidentiality provision in this recent post. That case involved an individual’s allegations of age discrimination against his former employer.
In light of the recent General Motors recall due to faulty ignition switches, a retired judge questions whether confidentiality of settlement agreements should be inviolate where public safety is concerned. For more, read here. Although this thought article is simply that — the thoughts of one former judge — it raises an interesting issue. By maintaining confidentiality in cases involving product defects or known dangers, can a company expose itself to future litigation for failing to disclose such information?