STORY FROM: MDL Mass Tort & Class Action Monitor
6th Cir. Refuses to Postpone, Dismiss Scheduled Opioid Bellwether Trial
October 10, 2019
CINCINNATI — The 6th Circuit U.S. Court of Appeals has refused to dismiss or postpone a consolidated bellwether trial in the federal opioid litigation, rejecting the State of Ohio’s argument that the relief sought by the plaintiff counties duplicates the much more expansive relief that Ohio seeks in its own lawsuits pending in state court.
In an Oct. 10 order, the appellate court found the circumstances do not warrant the “extraordinary remedy” of a writ of mandamus. The court said the state has failed show that it lacks other adequate means to recover damages.
The bellwether trial is scheduled ...