How Opioid 'Negotiating Class' Would Affect Civil Claims

Law360 (July 1, 2019, 2:43 PM EDT) -- The country’s federal opioid multidistrict litigation is now faced with the question of whether to create the first ever Rule 23 negotiating class, in order to allow representative cities and counties to negotiate an opioid settlement for all American cities and counties, while circumventing the judicial system’s requirements of causation, damages and fundamental proof.

The prospect of such a “negotiating class” may move the national litigation closer to dispensing the “junk justice” warned against by one state court, and bringing the crushing weight of societal economic burdens to tort defendants and their insurers in unprecedented fashion.

The Proposed “Negotiating Class”...

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