The Supreme Court of Virginia, in recently deciding the case of Perreault v. The Free Lance Star, 276 Va. 375, 666 S.E.2d 352 (2008), has significantly affected the application of confidential settlement terms in wrongful death claims that will culminate in the filing of a written petition stating the relevant terms, with the Release attached, and a file that will remain open for all the earth to penetrate.
The Supreme Court of Virginia deeded in the case of Perreault v. The Free Lance Star, which comprised the agreement along the Spotsylvania Circuit Court of the settlement of four divide wrongful death claims. The financial terms in every matter were kept private in sealed editions of the petitions (unsealed versions were redacted such that the financial terms were obscured). The Supreme Court of Virginia applied Code - 8.01-55, Shenandoah Publishing, and Ramey, and held that court agreement of a wrongful death claim requires the filing of a written requisition that contains the complete and unredacted terms of the compromise settlement. Thus, the file have to remain open and must involve a written requisition containing entire required information, including the financial terms. The case has several significant implications.
Going into the hereafter, it namely remove that your bought-and-paid-for confidentiality provision namely telling only as to the parties to the instant continuing. Because that is the official interpretation of the law, arguably, parties interested in the terms of previous wrongful death settlements (e.g., newspapers or claimants' advice) may petition the approving Courts to unseal the relevant pleadings. Also, these principles are possible to be applied to the settlements of claims brought by persons below a disability. The bonus that you should be willing to pay because confidentiality and your piece of idea have both just decreased.