Prevailing party who can demonstrate a likelihood of harm from an incidental disclosure in the court's decision has standing to seek appellate review of that decision as an aggrieved party.
Where the challenged dictum is not necessary to the holding and the government party to the case can advance a reasonably debatable argument for its falsity, there is a substantial possibility of material harms to the government's interests from disclosure, and the fact is available in publicly available sources, the court may redact the statement from the opinion.
http://www.ca2.uscourts.gov/decisions/isysquery/43875d78-c1de-461c-92e1-0df1db0fda59/1/doc/17-157_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/43875d78-c1de-461c-92e1-0df1db0fda59/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.