August 14, 2020

Volume X, Number 227

August 14, 2020

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August 13, 2020

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August 12, 2020

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Opioid Update: Briefing Begins in Interlocutory Appeal of Negotiation-Class Ruling

Several national pharmaceutical distributors and Ohio cities have filed opening briefs in their Sixth Circuit challenge to Judge Polster’s novel “negotiation class” certification order. As this blog covered back in November, the court of appeals (Guy, Griffin, Kethledge) granted interlocutory review of the negotiation procedure.

According to the distributors, the class creates conflicts of interest between plaintiffs’ attorneys participating in both bellwether trials and the negotiation class. And according to the dissenting cities which challenged the order, the intricate certification order puts too much financial pressure on municipalities to settle.

Appellees’ bottomside briefs are due late next month. If the appeal (unlike the first round of bellwether trials) culminates in a decision, the Sixth Circuit should be the first court to review one of the most novel innovations in civil procedure since, say, the very FRCP 23 class-cert rules that appellants contend bar Judge Polster’s invention.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 43

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About this Author

Benjamin Beaton Litigation Attorney Squire Patton Boggs Cincinnati, OH
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Benjamin Beaton is co-chair of the Appellate & Supreme Court Practice. He handles complex appeals, regulatory disputes and law-intensive trial proceedings. Ben has authored more than a dozen briefs at the US Supreme Court, where he previously served as a law clerk. He has drafted dozens more in the federal courts of appeal and state supreme courts, and regularly confers with trial and in-house counsel regarding appellate and motions strategy. Chambers has noted the firm’s “well-resourced appellate team, with notable experience in disputes heard before the Sixth Circuit.” The...

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