Early Saturday morning, attorneys for drug manufacturing and distributing companies filed a motion requesting the disqualification of US District Judge Dan Polster from litigation hearings addressing the nationwide opioid crisis. The motion suggests that the long-time judge is lacking impartiality due to his "unusual level of commitment" to settlement. The lawyers insist that this is grounds for disqualification, as it is likely to impair his decision making.
The opposition, on the other hand, claim that the filing of the motion is merely a ploy to "sidestep accountability," according to a news report out of Cleveland, Ohio.
Although drug manufacturing companies have yet to sign on to the motion, some drug distributors have. Retail giants such as Walmart, Walgreens, CVS and Rite Aid have all signed on, along with Ohio-based distribution company Cardinal Health, as well as AmerisourceBergen, and McKesson.
"Defendants do not bring this motion lightly," the brief says. "Taken as a whole and viewed objectively, the record clearly demonstrates that recusal is necessary."
As per the attorneys, Polster has a history of comments during proceedings, in negotiations, and in interviews with the media that represent his "singular focus on ... settlement discussions."
The filing of the motion is timely to say the least. Polster is currently residing over thousands of federal lawsuits in Cleveland, with hearings regarding lawsuits filed by Cuyahoga and Summit counties, estimated at roughly 8 million dollars, scheduled for next month.
Not to mention, Polster recently rejected the attempts for dismissal of the lawsuits, handing the attorneys a ruling that said that only a jury should decide whether or not they are to blame.
At present, three pharmaceutical companies have reached settlements in their respective lawsuits-Mallinckrodt, Endo International and Allergan. Purdue Pharma, the maker of OxyContin which swept through rural America like a plague killing thousands, is said to have a tentative agreement for settlement that could potentially reach as much as 12 billion dollars, according to the Cleveland-based news outlet, cleveland.com.
Polster is reportedly encouraging mass-settlements of lawsuits accusing these manufacturers of withholding and downplaying the highly addictive nature of these drugs, which eventually lead to the opioid epidemic that killed users from as many as 33,000 cities and counties located all across the country.
The court order will allow affected city and county governments to negotiate directly with the defendant companies.
Polster was appointed by a panel to reside over the opioid lawsuits in December of 2017. Shortly after, Polster stated that he is hoping for mass settlements of the lawsuits, as he believes the money would go to help the fight against opioid addiction and the problems it causes.
"I don't think anyone in the country is interested in a whole lot of finger-pointing at this point, and I'm not either," the judge said at the January 2018 hearing. "People aren't interested in depositions, and discovery, and trials. People aren't interested in figuring out the answer to interesting legal questions like preemption and learned intermediary, or unravelling complicated conspiracy theories."
The recently filed motion is heavily focused on Polster's comments, stating that his stance on the projected outcome removes his ability to remain impartial.
"The Court's deep involvement in settlement discussions requires its disqualification from any bench trial of equitable remedies," the brief says. "Together, these factors more than raise a reasonable question about the Court's impartiality. In cases like these of such national significance and such magnitude for Plaintiffs and Defendants alike, any reasonable question about the Court's impartiality cannot be tolerated."
Polster has a reputation amongst the legal community of Cleveland as preferring settlements over drawn out litigations. The Bill Clinton appointed judge has even been called on for other cases primarily because of his preference for speedy court proceedings.
Attorneys Paul Hanly and Joe Rice, who serve on the executive committee for the plaintiffs, said that Polster is very well regarded in the legal community.
Read the full brief here.
