Judge overturns ruling in Nike documents case

Published 3:22 pm Tuesday, January 30, 2024

A federal judge on Tuesday overturned an order that required The Oregonian to return or destroy documents in its possession and refrain from publishing information from them.

U.S. District Judge Marco Hernandez ordered U.S. Magistrate Judge Jolie A. Russo to reconsider her ruling, after the news organization argued the order was an unconstitutional form of prior restraint.

Russo on Friday had given The Oregonian a Wednesday deadline to return or destroy documents “inadvertently disclosed” to it. The documents were sent to a reporter by the lawyer representing plaintiffs in a sexual discrimination case against Nike.

The newsroom was working on a separate article, based on independent reporting, about sexual harassment at Nike when it received the documents. Laura Salerno Owens, an attorney with the Portland law firm Markowitz Herbold, told the court that she had inadvertently shared the documents with a reporter.

After the Oregonian declined Salerno Owens’ request to return the documents, she filed a motion Thursday, asking the court to order their return.

The Oregonian had challenged Friday’s ruling. In a short order Tuesday on the court’s electronic docket, Hernández ordered Russo to reconsider the ruling in light of arguments offered on Monday by The Oregonian.

His order set aside Russo’s requirement that the news organization return or destroy the documents by the Wednesday deadline.

The news organization argued Russo’s earlier ruling was a “violation of the First Amendment,” it hadn’t been given notice of any related hearings or arguments and it’s not subject to a protective order in the lawsuit.

The sex discrimination lawsuit, filed in 2018, claims Nike’s workplace is “hostile towards and devalues women” and that the company underpaid women. It’s one of the most visible pieces of corporate #MeToo litigation.

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