6th Circ. Questions Opioid Negotiation Class 'Inventiveness'

Law360 (July 28, 2020, 11:06 PM EDT) -- A Sixth Circuit judge on Tuesday questioned whether a novel negotiation class aimed at resolving the opioid multidistrict litigation was needed, given that there are already mechanisms for litigating and settling class actions.

U.S. Circuit Judge David McKeague asked why U.S. District Judge Dan Polster, who certified the negotiation class last September, had to invent the negotiation class and what was inadequate about either a settlement or a litigating class. Judge Polster's certification cleared the way for drug manufacturers, distributors and pharmacies to pursue sweeping deals with more than 30,000 local governments over liability for the opioid epidemic.

In response, New...

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