Sixth Circuit Rejects Certification of Novel “Negotiation Class” in Multidistrict Opioid Litigation


On September 24, 2020, the Sixth Circuit reversed the Northern District of Ohio’s certification of a “negotiation class” in a nationwide prescription opioid MDL, concluding the text of Rule 23 does not permit certification of a class for negotiation purposes, as opposed to litigation or settlement.

  • The opioid MDL consists of over 1,300 lawsuits filed by cities and counties alleging that opioid manufacturers and distributors deceived medical professionals into prescribing the drugs, resulting in significantly increased public health and safety costs.