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Why big business can count on courts to keep its deadly secrets

It was an evidence log, a detailed inventory of documents and other exhibits that had been used in an injured worker’s lawsuit. And it was freely available to anyone who bothered to look for it – for this was long ago in 1978, before the routine use of protective orders, sealed documents and other tools of concealment wrapped U.S. courts in lethal secrecy.

Motley, a lanky, deep-drawling South Carolina lawyer, had been representing sick workers in lawsuits against companies that used asbestos. And he was losing, as defense lawyers convinced juries that the companies had only recently learned of the dangers of the cancer-causing mineral. Now, the log might guide him to proof that the companies had long known that asbestos exposure could be deadly.

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