If anyone doubted the Sixth Circuit was paying close attention
to the opioid MDL, that's been put to rest.
Today, in a short
order issued by Circuit Clerk Deborah S. Hunt, the Sixth Circuit requested a
response to the
Ohio AG's mandamus petition, supported by many states and
the U.S. Chamber, seeking to enjoin the upcoming bellwether trial.
The Court ordered "that Cuyahoga and Summit
Counties"–the plaintiffs in the bellwether
trial–"file either joint or separate answers." The
order also ordered "that the MDL judge"–Judge
Polster, whom several opioid defendants
recently asked to recuse–"address this mandamus
petition within 7 days."
The order tracks Federal Rule of Appellate Procedure 21(b)(4),
which gives courts of appeals the option of inviting or ordering
"the trial court judge to address the petition" for
mandamus. Suffice to say that appellate courts don't issues
these orders to trial courts every day.
