States Rip Opioid Judge For Creating Class Action By 'Decree'

Law360 (February 18, 2020, 6:30 PM EST) -- An Ohio federal judge's creation of a "negotiation class" intended to help resolve the multidistrict opioid litigation subverts state governmental authority by allowing potentially every U.S. city and county to strike global settlements with drug companies, a coalition of states told the Sixth Circuit.

In an amicus brief on Friday, a dozen states and the District of Columbia urged the appeals court to nix an Ohio federal judge's September certification of the negotiation class, a novel mechanism designed to help more than 30,000 local governments pursue deals with pharmaceutical companies accused of fueling the opioid crisis.

By relying on the "creative...

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