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IN RE NAT. PRESCRIPTION OPIATE LITIGATION

No. 20-3075.

956 F.3d 838 (2020)

IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION. In re: CVS Pharmacy, Inc.; Ohio CVS Stores, L.L.C.; Discount Drug Mart, Inc.; Giant Eagle Inc.; HBC Service Company; Rite Aid of Maryland, Inc., dba Mid-atlantic Customer Support Center; Rite Aid of Ohio, Inc.; Rite Aid HDQTRS. Corp.; Walgreen Co.; Walgreen Eastern Co., Inc.; Walmart, Inc., Petitioners.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 15, 2020.

Attorney(s) appearing for the Case

ON PETITION FOR A WRIT OF MANDAMUS: Benjamin C. Mizer , JONES DAY, Washington, D.C., Robert M. Barnes , Scott D. Livingston , Joshua A. Kobrin , MARCUS & SHAPIRA LLP, Pittsburgh, Pennsylvania, Kelly A. Moore , MORGAN, LEWIS & BOCKIUS LLP, New York, New York, Kaspar Stoffelmayr , BARTLIT BECK LLP, Chicago, Illinois, Alexandra W. Miller , ZUCKERMAN SPAEDER LLP, Washington, D.C., Timothy D. Johnson, CAVITCH FAMILO & DURKIN, CO. LPA, Cleveland, Ohio, for Petitioners. ON RESPONSE: Hon. Dan Aaron Polster , UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, Cleveland, Ohio, for the Court. Peter H. Weinberger , SPANGENBERG SHIBLEY & LIBER, Cleveland, Ohio, for Respondents Summit County and Cuyahoga County. ON BRIEF: Mary Massaron , LAWYERS FOR CIVIL JUSTICE, Bloomfield Hills, Michigan, Nathan Freed Wessler , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, Carter G. Phillips , SIDLEY AUSTIN LLP, Washington, D.C., for Amici Curiae.

Before: SILER, GRIFFIN, and KETHLEDGE, Circuit Judges.

OPINION

The rule of law applies in multidistrict litigation under 28 U.S.C. § 1407 just as it does in any individual case. Nothing in § 1407 provides any reason to conclude otherwise. Moreover, as the Supreme Court has made clear, every case in an MDL (other than cases for which there is a consolidated...

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