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Can a Judge Keep an Opinion out of Westlaw and Lexis?

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From Legal Research Plus: Judge says keep this opinion out of Westlaw and Lexis

On December 21, 2009 Judge A. Howard Matz, of the United States District Court for the Central District of California, issued an 7-page order in the case of POM Wonderful LLC v. Welch Foods, Inc.. This opinion includes, among other things, a discussion of standing under the California Unfair Competition Act and the California False Advertising Act. At the end of the document, the judge writes: “This Order is not intended for publication or for inclusion in the databases of Westlaw or LEXIS.” (emphasis mine)…” (link to full blog post)

The Comment to the blog post notes that the order does appear on Westlaw, though not on Lexis, at least at the time of the posting of the Comment.