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Appeals Court Limits Dispensing Data Order in Multi District Opioid Litigation

February 25, 2020

A federal appeals court in Ohio stayed an order requiring pharmacies to submit 14 years of nationwide opioid dispensing data in the state’s ongoing multi-district opioid litigation, limiting the scope to just the state of Ohio.

Judge Dan Polster of the U.S. District Court for the Northern District of Ohio instructed the companies late last year to produce nationwide data on the number of opioids dispensed since 2006 and said the data would be made available for use in future MDL cases.

The pharmacies, including CVS Pharmacy and Rite Aid, appealed Polster’s order before the Sixth Circuit Court of Appeals, objecting to the nationwide scope.

The Sixth Circuit issued a February 13 order placing a partial stay on Polster’s order while it considers a petition by the pharmacies challenging Polster’s handling of the case.

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