Parents Ask Judge To Rethink Cert. Denial For 'Opioid Babies'

Law360 (February 16, 2021, 9:59 PM EST) -- Legal guardians and parents of babies born to mothers who took opioids while pregnant urged an Ohio federal judge on Tuesday to rethink a ruling refusing their class certification request, saying he made clear errors in judgment.

The guardians and parents said that U.S. District Judge Dan Polster relied on inaccurate factual findings and the wrong legal standard earlier this month, to the point that the judge in essence "gave up" on the rest of his opinion after deciding the proposed class wasn't adequately defined or ascertainable.

The ongoing legal battle stems from multidistrict litigation looking to hold drugmakers and retailers...

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