Siding with the Washington Post, a Sixth Circuit panel ruled that the Drug Enforcement Agency cannot file court records about the distribution of prescription opioids under seal.
The appeal filed by the Post and West Virginia-based HD Media was argued last month. They seek access to distribution data collected as part of an ongoing, multidistrict litigation against manufacturers and distributors of prescription opioids. The underlying multidistrict litigation was filed by over 1,300 public entities against opioid manufacturers, and the Post’s appeal was filed on an interlocutory basis.
The public entities and drug manufacturers stipulated to a protective order shielding data created by the DEA’s Automation of Reports and Consolidated Orders System, or ARCOS, database.