In Courthouse News Service v. Gilmer et al., __ F.4th __, 2022 WL 4295472 (8th Cir. Sept. 19, 2022), Courthouse News Service wanted its news faster. Or rather, it wanted the complaints upon which it based its news faster. And because the Eighth Circuit has declined to afford immunity to the court clerks being sued à la Whole Women’s Health v. Jackson, Courthouse News Services may just get what it wants.
Courthouse News Service is a national outlet that reports on civil litigation throughout the country. Part of its business is preparing summaries on newly filed complaints. In St. Louis County, Missouri, Courthouse News Service previously reviewed paper case filings the day they were delivered for filing. But after the court implemented its e-filing system, Courthouse News Service would sometimes wait a week before it got access to “newly” filed complaints.