Previously published in the December 9, 2019, issue of Coverage,
a magazine of the ABA Section of Insurance Litigation.
A novel approach to achieving a global resolution in the
multidistrict litigation is moving forward, but there is a dearth
of court guidance on coverage for the litigation.
Opioid litigation has been raging in courts around the country
for more than two years. There is multidistrict federal court
litigation in Ohio, 2 which comprises nearly 2,000
cases. There also are state court cases around the country that
have not been included in the multidistrict litigation (MDL), some
of which have already reached the trial stage (e.g., a bench trial
in Oklahoma).3
Some opioid litigation claims have settled, too. But settlements
are few and far between. The bulk of opioid cases, including most
of the cases in the MDL, are either being actively litigated or in
a holding pattern.
