October 24, 2021

Volume XI, Number 297

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October 22, 2021

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Opioid Update: Sixth Circuit Stays National Dispensing Discovery—For Now

Yesterday a Sixth Circuit panel (Siler, Griffin, Kethledge) stayed pharmacies’ production of national opioid dispensing data. With one exception: Ohio data that the court deemed “not so onerous” in light of an upcoming bellwether trial. As the blog reported in January, MDL Judge Polster had ordered the pharmacy defendants to produce nationwide dispensing data going back to 2006—an order opposed by the U.S. Chamber and ACLU alike.

The stay is only temporary, however. The Sixth Circuit paused non-Ohio discovery while it awaits answering briefing (from the plaintiffs and Judge Polster, if he so chooses) in response to the pharmacies’ mandamus petition on the discovery question as well as the defendants’ pleading arguments to strike or dismiss claims.

This post is brought to you thanks to the help of friend-of-the-blog Kirk Mattingly, EIC of the University of Louisville Law Journal. 

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 46
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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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