Legal filings can be treasure troves for investigative business reporters, if they know where to look. The Society for Advanced Business Editing and Writing (SABEW) held a virtual training session on Feb. 19, Mining Court Dockets to Investigate Big Business, led by Reuters correspondent Dan Levine and moderated by Kim Quillen, business editor at the Chicago Tribune. The session provided practical guidance on how journalists in the United States can use court filings to uncover hidden corporate misconduct and bring compelling stories to light.
Understanding the trajectory of a case
Even though most lawsuits don’t go to trial, knowing how a case moves through the legal system is valuable to any business reporter. As Levine noted, “lawsuits are one of the best ways to understand what happens inside big companies.”
It all begins with an event – workplace harassment, adverse reaction to a new medication, fraud – that leads a person or business to seek legal counsel. While legal systems vary at the federal and state levels, if an attorney takes on a case, they will investigate the claim, get corroborating documents and interview witnesses to draft a complaint that is then filed in court. The complaint is what officially kicks off the process.
Complaints vary in their level of detail, but reporters should always read a case’s original complaint as it can provide valuable information and help them better identify lawsuits that are worth following. “I have a very, very good feel at the outset of when I look at a complaint. I can tell pretty quickly if these plaintiff lawyers are on the ball and have done a lot of research,” Levine said.
While court documents are generally considered reliable sources for journalists, Levine still urged reporters to think critically and use their own judgment, especially when reporting on a complaint that may seem bogus.
Next, the case must survive motions of dismissal in order to go to trial. “You can get sued for anything. The real question is whether anyone who files a lawsuit would be able to get past a motion to dismiss,” he said. If the case isn’t dismissed by a judge or settled outside of court, the plaintiff’s lawyer is entitled to request and receive internal documents, like email correspondence, and depositions – sworn interviews of key witnesses – from the defendant in a process known as discovery.
Full discovery is not filed publicly in court and most of it is placed under a protective order by both parties’ attorneys. However, parts of discovery do become public as evidence if a case goes to trial, and sometimes sections of discovery are excluded from the protective order, meaning that reporters can request them from the court clerk.
Key documents to look out for
Levine outlined the most valuable, publicly available documents on a court docket – an official record of all ongoing proceedings in a court – for business reporters:
- Complaints: The initial filing that lays out allegations against a person or company, sometimes providing early leads.
- Motions for summary judgment: A court ruling that is reached by the judge without a trial. Both sides’ lawyers present their most compelling testimonies and evidence to the judge to advocate for the case to go or not go to trial. These filings can reveal the strongest evidence uncovered during discovery.
- Motions in limine: Filed before trial, these motions seek to exclude certain evidence, often offering a window into what both sides consider the most damaging or crucial information.
- Daubert filings: A type of motion in limine that seeks to specifically exclude the other side’s expert testimony by challenging whether the witness meets the appropriate standards.
- Witness lists: Usually filed around the same time as motions in limine, this document is useful for identifying key sources and insiders with firsthand knowledge of company operations.
For journalists looking to track lawsuits in real time, Levine recommended monitoring Public Access to Court Electronic Records (PACER) and relevant state court databases. He also suggested checking dockets regularly, especially in high-profile corporate litigation, to catch newly filed motions as soon as they become available.
Sourcing is the name of the game
Beyond legal filings, Levine stressed the importance of cultivating relationships with plaintiff and defense attorneys, former employees, and expert witnesses who may have knowledge of key evidence. Lawyers especially can keep reporters in the know on a case’s timeline, important upcoming dates, and potentially even sources. Levine noted that plaintiff lawyers are usually more open to talk with journalists while defense lawyers have fewer incentives to do so.
Source building is also crucial for journalists to identify lawyers who do good, in-depth work and those whose work may not be as trustworthy.
Before reaching out to the relevant attorneys, Levine recommended becoming closely familiar with the docket and the documents that are already available. Demonstrating a good understanding of the court system through informed questions – even if the reporter already knows the answer to them – can help position the reporter as someone worth talking to from the lawyer’s perspective.
Levine recommended getting creative when communicating with attorneys. “I know you can’t share documents, but can you please just search and see if this person comes up?” Levine said, as an example of how to find out as much information without crossing any legal or ethical lines.
“You don’t want to ask anyone to do anything unethical or that they’re not comfortable or allowed to do, but if it’s within their ability to do it ethically, it can help,” he added.
While court and crime reporters are generally well-versed in dockets, court filings, and what’s publicly accessible, business reporters are often unfamiliar with the court’s processes and unaware of the gold mine of information and sources that can lay within a docket.
“There are so many lawsuits out there that get filed against companies or involving companies that just go under the radar for years, and so you might stumble upon it in your reporting and that complaint that has been sitting there for three years has incredible stuff in it, and you’re the first one to find it,” Levine said.
SABEW’s next training session, scheduled for March 18, will focus on how business journalists can turn their beats into books. More information can be found on their website.
