IN RE NAT. PRESCRIPTION OPIATE LITIGATION

18-3839 18-3860.

927 F.3d 919 (2019)

IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION. HD Media Company, LLC (18-3839); The W.P. Company, LLC, dba The Washington Post (18-3860), Intervenors-Appellants, v. United States Department of Justice; Drug Enforcement Administration, Interested Parties-Appellees, Distributor Defendants; Manufacturing Defendants; Chain Pharmacy Defendants, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 20, 2019.


Attorney(s) appearing for the Case

ARGUED: Patrick C. McGinley , Morgantown, West Virginia, for Appellant in 18-3839. Karen C. Lefton , THE LEFTON GROUP, LLC, Akron, Ohio, for Appellant in 18-3860. Sarah Carroll, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Ashley W. Hardin , WILLIAMS & CONNOLLY, LLP, Washington, D.C., for Distributor, Manufacturer, and Chain Pharmacy Appellees. ON BRIEF: Patrick C. McGinley , Morgantown, West Virginia, for Appellant in 18-3839. Karen C. Lefton , THE LEFTON GROUP, LLC, Akron, Ohio, for Appellant in 18-3860. Sarah Carroll , Mark B. Stern , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellees. Enu Mainigi , WILLIAMS & CONNOLLY, LLP, Washington, D.C., Geoffrey Hobart , COVINGTON & BURLING LLP, Washington, D.C., Mark S. Cheffo , DECHERT LLP, New York, New York, Kaspar J. Stoffelmayr , BARTLIT BECK LLP, Chicago, Illinois, for Distributor, Manufacturer, and Chain Pharmacy Appellees. Bruce D. Brown , THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Washington, D.C., for Amici Curiae.

CLAY, J., delivered the opinion of the court in which GRIFFIN, J., joined. GUY, J. (pp. 940-45), delivered a separate opinion concurring in part and dissenting in part.


OPINION

Intervenors HD Media Company, LLC ("HDM") and The W.P. Company, LLC, d/b/a the Washington Post ("Washington Post") appeal the district court Opinion and Order holding that the data in the Drug Enforcement Administration's Automation of Reports and Consolidated Orders System ("ARCOS") database cannot be disclosed...

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