Opioid MDL Judge Refuses to Certify Class of ‘Opioid Baby’ Guardians
February 2, 2021
CLEVELAND — The Ohio federal judge overseeing the national opioid MDL docket has refused to certify classes of legal guardians of infants diagnosed with opioid withdrawal syndrome, ruling that the proposed class definitions “are not administratively feasible” and the proposed classes “do not meet Rule 23(a)’s typicality requirement.
In a Feb. 1 order, Judge Dan Polster of the U.S. District Court for the Northern District of Ohio added that “the proposed classes do not satisfy the implied requirement that class membership must be ascertainable.”
The movants sought certification of two nationwide classes asserting claims under the Racketeer Influenced Corrupt …