In Re: Stephen Rumnock, Plaintiff v. Dennis Anschutz and American Family Mutual Insurance Company, a Wisconsin…

Summary

The court discharged its rule to show cause and affirmed the trial court’s partial denial of American Family’s requested protective order because American Family presented no evidence establishing that the disputed claims-handling documents were trade secrets or confidential commercial information. The court held that the party seeking protection bears the burden of making that threshold showing before the court considers whether disclosure might cause harm. Justice Coats, joined by Justice Eid, dissented, arguing that the court should have decided whether discovery may be disseminated for use in unrelated litigation.