Statement from the American Tort Reform Association applauding a writ of mandamus issued by the 6th Circuit Court of Appeals.
ATRA applauds the 6th Circuit Court of Appeals for its decision in In Re: CVS Pharmacy, Inc., in which it issued a writ of mandamus in an important case regarding multidistrict litigation (MDL). In the decision, issued April 15, 2020, the Court held that the Federal Rules of Civil Procedure apply to MDLs “just as it does in individual litigation.”
Writing for the Court, Judge Raymond Kethledge stated, “MDLs are not some kind of judicial border country, where the rules are few and law rarely makes an appearance.” He continued, “an MDL court’s determination of the parties’ rights in an individual case must be based on the same legal rules that apply in other cases, as applied to the record in that case alone.”
The opinion arose out of the opioid multidistrict litigation pending in federal court in Ohio. The MDL includes more than 2,700 cases filed by counties, municipalities and states across the country. The Court was asked to address three rulings by the lower court that disregarded the Federal Rules of Civil Procedure. The district court allowed the counties to amend their complaint to include additional allegations against several pharmacies 19 months after the deadline and required the defendants to produce data for almost every opioid prescription filled anywhere in the United States for the past 13 years.
As a result of this decision, bellwether cases against the pharmacies over dispensing allegations may not proceed because the claims were added too late.
While multidistrict litigation is meant to increase the efficiency of the judicial system, the Court insisted “an MDL court must find efficiencies within the Civil Rules, rather than in violation of them.”
Pennsylvania lawmakers introduced liability reform bills to tackle lawsuit abuse. Proposed changes aim to enhance job creation and economic stability by limiting excessive litigation costs.
It’s time to pull back the curtain on third-party litigation financing and restore balance to our courts.
Lawsuit Abuse Awareness Week prompts reflection on Arizona’s civil justice system, highlighting excessive tort costs harming small businesses, job loss, and economic growth.
This week is aimed at educating both the public and our government leaders about how excessive litigation drains resources from businesses, stifles innovation, and ultimately hurts consumers and job creation.
By fostering understanding and promoting smart reforms, we can help create a more balanced civil justice system that serves all citizens.
The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.
