Tag Archives: MDL

Opioid Update: Sixth Circuit reverses order certifying a negotiation class

The opioid MDL continues to generate significant decisions in the law of civil procedure. Arguably the most significant arrived last week in a much-anticipated ruling, when a divided panel issued a published opinion reversing the district court’s certification of a “negotiation class” in the case. Judge Clay wrote the majority opinion, joined by Judge McKeague, … Continue Reading

Sixth Circuit panel dismisses motion to enforce writ of mandamus

Several months ago this blog reported on Judge Kethledge’s opinion for the court that granted a writ of mandamus sought by retail pharmacy chain defendants in “Track One” of the opioid MDL. In that decision the Sixth Circuit directed the district court to strike the plaintiff counties’ amendments to their complaints (which contravened Rule 16(b) … Continue Reading

Opioid Update: Bellwether Settlement on Eve of Trial

On the eve of trial Monday morning, plaintiffs Summit and Cuyahoga Counties struck a deal worth $260 million. This avoided the first bellwether trial in the opioid multidistrict litigation before Judge Polster. The settlement extinguishes the counties’ claims against AmerisourceBergen, Teva, Cardinal Health, and McKesson. Walgreen’s did not settle, but its trial is pushed off … Continue Reading

Opioid Update: Ohio Asks Sixth Circuit for Mandamus while U.S. Chamber Says Muni Suits by Plaintiffs’ Firms Could Upend Civil Litigation

As we covered in July, the country has its eyes on an Ohio opioid MDL handling more than 2,000 lawsuits brought by more than 1,200 cities, counties, and tribes against drug manufacturers, distributors, and pharmacies. Ohio Attorney General Dave Yost recently filed a mandamus petition at the Sixth Circuit Court of Appeals to enjoin District … Continue Reading

The High Standard For Interlocutory Appeals And The Darvocet MDL

We have been watching the Darvocet multi-district litigation (MDL 2226) for some time, most notably the Sixth Circuit’s decision to dismiss 67 of 68 cases alleging misbranding by drug manufacturers.  After that decision, plaintiffs’ counsel began filing new cases in California state court.  The defendants removed the cases to federal court and then obtained a … Continue Reading

The Sixth Circuit Applies Bartlett and Mensing to Preempt Claims Against Generic Drugmakers

It’s been more than two years since we reported on the appeal in the Darvocet MDL (In re: Darvocet, Darvon and Propoxyphene Products Liability Litigation, No. 11-md-2226-DCR, MDL 2226), which involves claims against generic manufacturers of a generic equivalent of the drug Darvon.  The biggest news is that the panel did not decide whether to … Continue Reading
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