Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

  • About TLR
    • Our Mission
    • Our Team
    • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
    • Special Reports
    • In the News
    • Press Releases
    • The Advocate
    • TLR Blog: For the Record
  • Get Involved
  • Contact
    • Contact Us
    • Invite a TLR Speaker
  • Donate
  • Stay Informed
In the News

No luck for Ohio AG in attempt to halt first federal opioid trial

Legal Newsline, Oct 10, 2019

By John O’Brien

CINCINNATI (Legal Newsline) – A federal appeals court has turned away an attempt to halt the first federal opioid trial by ruling Thursday against Ohio Attorney General Dave Yost, who is concerned cities and counties in his state have usurped his authority.

The U.S. Court of Appeals for the Sixth Circuit complained that Yost waited too long to make his move, noting he didn’t object to the lawsuits filed by Cuyahoga and Summit counties when they were first transferred to the federal multidistrict litigation in Cleveland.

In August, Yost wrote to the Sixth Circuit that he had the sole authority to assert the claims also being made by the two counties, who are scheduled to be the plaintiffs in a bellwether trial beginning later this month.

“We note, however, that on Dec. 19, 2018, the district court entered an opinion and order rejecting a similar argument made by the MDL defendants,” the Sixth Circuit wrote.

“Despite having notice that the counties’ claims would proceed to trial, Ohio made no attempt to intervene in the MDL proceeding for the limited purpose of raising the issues that it now asks us to decide by extraordinary means.”

The federal MDL holds the lawsuits of nearly 2,000 cities, counties and other entities who are blaming opioid makers and distributors for the nation’s addiction crisis. The MDL is overseen by Judge Dan Polster, who has urged the parties to reach a global settlement of claims.

But lawsuits by states are heard in respective state courts. And Yost and colleagues who backed his effort say they outrank the cities and counties when it comes to representing their populations.

So Yost filed the writ of mandamus with the Sixth Circuit to attempt to halt or dismiss the bellwether trial, scheduled to begin Oct. 21 despite other possible reasons for delay, like accusations of bias against Polster.

Yost wrote the trial “would fragment the State’s claims, pose a high risk of inconsistent verdicts, result in duplicative or overlapping damages and misallocate funds in the state.”

“The counties advance claims that belong to the State in an effort to commandeer moneys that rightfully should be distributed across the state by Ohio,” the AG’s filing states. “Reworking the internal structure of a State is not the role of the Federal Courts.”

Cities, counties, states and other entities are led by the same firms that collected billions of dollars in fees from the tobacco settlement of the 1990s and are hoping for a similar result from the opioid litigation.

Yost said the cities’ and counties’ lawsuits threaten “Ohio’s sovereign interest in vindicating its citizens’ rights – all of its citizens’ rights – against the various defendants who fueled the opioid epidemic in Ohio.”

“The scheduled bellwether trial undermines all this because it lets political subdivisions act as representatives of the people’s interests—and thereby appropriate remedies that belong to the State,” Yost said.

State lawsuits have so far had mixed results. Oklahoma Attorney General Hunter collected settlements, including a $270 million agreement with now-bankrupt Purdue Pharma whose funds were mostly steered to a research project at his alma mater and private lawyers working on a contingency fee.

He also won a trial against Johnson & Johnson, which was ordered to pay $572 million despite its relatively small share of the opioid market.

But state judges in North Dakota and Connecticut have dismissed state AG cases before they could reach trial.

From Legal Newsline: Reach editor John O’Brien at john.obrien@therecordinc.com.

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Texans for Lawsuit Reform

9 hours ago

Texans for Lawsuit Reform

When 30-year-old Quinnton Allen violated his parole for possession of a firearm, a Houston judge not only allowed him to stay on parole but granted him a PR bond for a felony. Unfortunately, the decision to release him on bond may have cost a man’s life. Read and share: bit.ly/3OvDU5z ... See MoreSee Less

Link thumbnail

29-year-old man murdered after judge grants felony PR bond to armed robber recently paroled from prison

bit.ly

HOUSTON – “I’ve never had any of these defendants we’ve profiled on Breaking Bond on parole and on a felony PR bond charged with murder,” said Andy Kahan with Crime Stoppers. “This is a fi...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 0
  • Shares: 1
  • Comments: 3

Comment on Facebook

That judge should be held accountable

His family should get a good lawyer & sue the city & the judge…

The judge should be held as an accomplice to the murder before the fact and sued in civil court for his contribution to the death of the citizen.

Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

Texas ports are thriving today, but in the early 2000s, abusive personal injury lawsuits threatened to shut them down. As the Port of Houston begins a long-awaited expansion, read more about the common-sense lawsuit reform in 2007 that saved our state’s shipping industry in this week’s TLR blog, For the Record: bit.ly/3aeTy6n ... See MoreSee Less

Learn More

Play
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 5
  • Shares: 2
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

Wishing everyone a very happy Fourth of July! ... See MoreSee Less

Wishing everyone a very happy Fourth of July!
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 5
  • Shares: 0
  • Comments: 1

Comment on Facebook

Happy Independence Day America Today we celebrate our Republic 🇺🇸


Follow us on Twitter

lawsuitreform avatarTLR@lawsuitreform·
3h 1544803550676615169

Join us in pursuing our mission of creating a fair, balanced, and predictable legal system! #lawsuitreform #stoplawsuitabuse

Get Involved

Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

bit.ly

Reply on Twitter 1544803550676615169Retweet on Twitter 15448035506766151691Like on Twitter 15448035506766151692Twitter 1544803550676615169
lawsuitreform avatarTLR@lawsuitreform·
9h 1544713193846603777

When 30-year-old Quinnton Allen violated his parole for possession of a firearm, a Houston judge not only allowed him to stay on parole but granted him a PR bond for a felony. The decision to release him on bond may have cost a man’s life. Read & RT:

29-year-old man murdered after judge grants felony PR bond to armed robber recently paroled from prison

HOUSTON – “I’ve never had any of these defendants we’ve profiled on Breaking Bond on parole and on a felony PR bond charged with m...

bit.ly

Reply on Twitter 1544713193846603777Retweet on Twitter 1544713193846603777Like on Twitter 1544713193846603777Twitter 1544713193846603777
lawsuitreform avatarTLR@lawsuitreform·
5 Jul 1544441042120089600

Sign up for the TLR Weekly News Roundup to receive a daily digest of headlines & news stories about #lawsuitreform from Texas & around the country!

Sign up for the TLR Weekly News Roundup!

Please use the form below to receive a daily digest of TLR Clips - headlines and news stories about lawsuit reform from Texas and around the country.

bit.ly

Reply on Twitter 1544441042120089600Retweet on Twitter 1544441042120089600Like on Twitter 15444410421200896001Twitter 1544441042120089600

Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
  • Our Mission
  • Our Team
  • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
  • For the Record
  • Special Reports
  • In the News
  • Press Releases
  • Invite a TLR Speaker
  • Get Involved
  • Invite a TLR Speaker
  • Donate
  • Stay Informed
  • Contact TLR

Copyright © 2022 · Texans for Lawsuit Reform. All rights reserved. | Privacy Policy

Copyright © 2022 · Texans for Lawsuit Reform.
All rights reserved.
Privacy Policy