Negotiation Class Wants 6th Circ. Full Review In Opioid MDL

Law360 (October 9, 2020, 4:23 PM EDT) -- A proposed negotiation class intended to seek settlements in the sprawling Ohio multidistrict litigation over the national opioid crisis is urging the Sixth Circuit for a full-court review of a decision last month striking the class down, saying the split panel went against the intent of federal class rules and its own precedent.

The 2-1 decision imposed an "unrecognizable construction" of the federal rules by declaring that because a negotiation class was not explicitly permitted by the rules, the district court could not create one, the class told the court in a petition Thursday, saying even the use of class actions...

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