Negotiating Class – Paul Mollica's Federal Courts Blog

Sixth Circuit Dashes the Concept of a Rule 23 “Negotiating” Class

In In re Nat’l Prescription Opiate Litig., No. 19-4097 (6th Cir. Sept. 24, 2020), a divided panel of the Sixth Circuit rebuffs a novel attempt to certify a Rule 23 class in a massive multi-district litigation (MDL) proceeding, solely for the purpose of giving the parties a vehicle for negotiating a global resolution. “The nationalContinue reading “Sixth Circuit Dashes the Concept of a Rule 23 “Negotiating” Class”