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ARTICLE · 23 APRIL 2014

4th Circuit Unmasks Company Doe & Unseals Entire Record In CPSC Database Case

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The Fourth Circuit reversed one of the key rulings of the Maryland District Court in the Saferproducts.gov public database litigation.

United StatesConsumer Protection
Charles Samuels
Charles Samuels
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Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC's Saferproducts.gov public database. The Fourth Circuit ruled in favor of several consumer advocacy organizations and media outlets who appealed Judge Williams' decision to seal nearly the entire court record from the public and allow the company that brought the lawsuit to litigate the case under the pseudonym "Company Doe." Judge Henry Floyd, writing for the panel, succinctly summarized the most important aspect of the 64 page opinion, stating:

"[W]e hold that the district court's sealing order violated the public's right of access under the First Amendment and that the court abused its discretion in allowing Company Doe to proceed under a pseudonym"

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