February 20, 2020

Sixth Circuit Stays Discovery in National Prescription Opiate Litigation

Discovery in the multidistrict opioid litigation could be limited pending a Sixth Circuit decision in the coming weeks. Northern District of Ohio Federal District Judge Dan Aaron Polster had previously ordered pharmacies involved in the litigation to turn over nationwide transaction-related dispensing records going back to 2006. However, on February 12, the Sixth Circuit stayed the order with respect to the disclosure of regional and nationwide data, but did not stay the order with respect to transactions taking place in the state of Ohio. As a result, the pharmacies will have to disclose Ohio data in compliance with the district court’s order. Whether broader national data must be disclosed will be determined by the Sixth Circuit after further briefing.