October 17, 2019

Sixth Circuit Rules Multidistrict National Opiate Litigation Will Go to Trial

On October 10, the Sixth Circuit Court of Appeals issued two rulings rejecting last minute attempts to avoid a trial in the multidistrict national prescription opiate litigation. Regarding In re: AmerisourceBergen Drug Corp., No. 19-3935 (Oct. 10, 2019),  a panel of the Sixth Circuit rejected drug companies’ requests to disqualify District Judge Dan A. Polster on the basis that Judge Polster was biased based on statements he made that favored settlement. Concerning In re: State of Ohio, No. 19-3827 (Oct. 10, 2019), a separate Sixth Circuit panel  rejected arguments made by the state of Ohio, concluding that Ohio failed to show that county plaintiffs in the case were usurping state authority. The trial is scheduled to begin October 21.