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David Staats: This column for attorneys’ eyes only

More than half of the plaintiffs' testimony in the antitrust trial of St. Luke's Health System was closed to the public, ostensibly to protect trade secrets. Some documents filed before the trial are shielded, too.

Consider a deposition from a plaintiffs' witness, Ed Castledine, a St. Luke's executive who supposedly told Nampa's Saltzer Medical Group in 2009 that if Saltzer didn't join with St. Luke's, the health system would bring physicians to the Nampa area to compete with Saltzer. The transcript shows Castledine being sworn in and questioned by Federal Trade Commission lawyer Thomas Greene about his job duties. Greene then turns to the matter at hand:

Q. I'm showing you a document marked Exhibit 1277. This is captioned "Integrated Analysis Update," dated April 23, 2010. ... Do you recognize this document?

A. I think I do, yes.

Q. Good. There on the first page, and throughout, some handwritten notes. Is that your handwriting?

A. I believe it is.

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[End of deposition.]

dstaats@idahostatesman.com @IDS_DavidStaats

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