United States Sixth Circuit

In an antitrust action brought by title insurance companies against the Registers of Deeds of five counties in Michigan, dismissal of Sherman Act claims is affirmed in part where one county register's practices were covered by state-action immunity from antitrust liability. However, dismissal of such claims as to the other registers is reversed and remanded where their practice of conditioning bulk discounts, non-paper reproduction, or reproduction of records generally, on the purchaser's agreement not to sell the copies or the information therein to third parties, does not qualify for state-action immunity.

Appellate Information

• Decided 02/22/2007
• Published 02/22/2007

Judges

• Before: BATCHELDER and GRIFFIN, Circuit Judges;  PHILLIPS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David A. Ettinger, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellants.  Bonnie G. Toskey, Cohl, Stoker, Toskey & McGlinchey, Lansing, Michigan, for Appellees.   ON BRIEF:  David A. Ettinger, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellants.  Bonnie G. Toskey, Cohl, Stoker, Toskey & McGlinchey, Lansing, Michigan, Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, Christina M. Grossi, Gilbert, Smith & Borrello, Saginaw, Michigan, for Appellees.