Justices Reverse Alito’s Partial Stay Of Generics Discovery

Law360 (March 6, 2020, 2:50 PM EST) -- The U.S. Supreme Court on Friday allowed wide-ranging discovery to move forward in the massive multidistrict litigation accusing dozens of generic-drug companies of an industrywide price-fixing conspiracy.

The high court’s one-paragraph order, vacating a stay issued Feb. 28 by Justice Samuel A. Alito Jr., offered no explanation for restarting discovery in full in the MDL from private plaintiffs and state attorneys general and noted no dissents. Justice Alito’s order had paused the part of a district court’s case management order forbidding the generic-drug makers from withholding any material based on “relevance or responsiveness.” Under the district court order they could only...

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