U.S. Court of Appeals for the Sixth Circuit

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Case Updates

Sixth Circuit grants defendant pharmacies’ mandamus petition, striking plaintiffs' untimely added claims and halting related nationwide discovery

April 15, 2020

The court held and repeatedly emphasized that the Federal Rules of Civil Procedure apply with equal force in multi-district litigation as in ordinary individual litigation. The court agreed with the U.S. Chamber that “[t]he rule of law applies in [MDLs]...just as it does in any individual case.”

Sixth Circuit stays district court order, and calls for response to mandamus petition challenging the order, that requires production of regional and national prescription data

February 12, 2020

Click here to view the order.

U.S. Chamber files amicus brief urging Sixth Circuit to grant defendant pharmacies’ mandamus petition and overturn burdensome nationwide discovery order in opioid MDL

January 24, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber and National Association of Chain Drug Stores. Carter G. Phillips of Sidley Austin LLP served as co-counsel for the amici.

The U.S. Chamber previously filed an amicus brief in this MDL urging the Court of Appeals to grant review and decertify the unprecedented “negotiation class” unauthorized by Rule 23.”

Case Documents