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Sixth Circuit: Standard For Sealing Judicial Records “Vastly More Demanding” Than For Rule 26 Protective Order

In Shane Group, Inc. v. Blue Cross Blue Shield of Mich., a unanimous panel of the Sixth Circuit vacated the district court’s orders sealing “most of the parties’ substantive filings” and approving a class action settlement in a price-fixing action against an insurer. In vacating the orders placing documents under seal and the settlement approval, … Continue Reading

SIXTH CIRCUIT REVERSES PUNITIVE AWARD IN FCRA CASE

In Smith v. LexisNexis Screening Solutions, Inc., the Sixth Circuit reversed a $150,000 punitive award in a suit under the Fair Credit Reporting Act. The case arose when LexisNexis was conducting a criminal background check for a potential employee named David Smith.  The check returned a fraud conviction for a different David Smith, but not … Continue Reading

Standing and Data Breach Suits in the Sixth Circuit

A divided panel of the Sixth Circuit recently overturned a district court’s dismissal of claims against Nationwide Mutual Insurance Company involving the theft of data, as hackers breached Nationwide’s computer network to steal the plaintiffs’ personal information.  The plaintiffs In Galaria et al. v. Nationwide Mutual Insurance Co., asserted claims against Nationwide under the Fair … Continue Reading

Arbitration dispute headed for Sixth Circuit

In Rodriguez v Tropical Smoothie Franchise Development the Southern District of Ohio recently enforced an arbitration agreement in the franchise context.  The Plaintiff sought to avoid arbitration by arguing both procedural and substantive unconscionability, and the court found that Florida law governed.  Although the court rejected a series of arguments regarding procedural unconscionability, including unequal bargaining power, … Continue Reading
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