Sixth Circuit To Review "Negotiation Class" Approval

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November 12, 2019

The U.S. Court of Appeals for the Sixth Circuit granted appeal last Friday of the decision to certify the novel “negotiation class” in the massive opioid-related multidistrict litigation proceedings in Ohio, reports.

The Sixth Circuit said the question at issue is whether such an idea “is permitted under Rule 23,” which sets the parameters for class action litigation in U.S. federal courts. The idea to create a special class to negotiate on behalf of the broader class was pitched by plaintiffs’ attorneys but drew objections from defendants and a bipartisan group of state attorneys general who said it would create a “new government entity” that dilutes the power of the states.