Opioid Bellwether Trials Against Pharmacies To Be Bifurcated

Law360 (June 4, 2021, 7:48 PM EDT) -- The Ohio federal judge presiding over the opioid multidistrict litigation on Thursday split five upcoming bellwether trials against pharmacies into two phases, trying claims by local governments that the pharmacies created a public nuisance by overlooking suspicious orders first.

U.S. District Judge Dan Polster said that trying the public nuisance claims first, while staying the other claims, would simplify the trials and make the cases more manageable. Bifurcating the claims allows the local governments and the pharmacy chains to give a "more coherent presentation" of the legal issues surrounding the companies' alleged liability for making a public nuisance, the judge said....

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