Federal Opioid Trial Delays Due to COVID-19

Two federal opioid trials were delayed due to COVID-19. On October 5, Judge Polster postponed a Cleveland-based jury trial between Ohio plaintiffs Cuyahoga and Summit counties and pharmacy corporation defendants (“Track 1-B”). The trial, originally set for November 9, 2020, is now postponed indefinitely. On October 9, Judge Faber postponed a Charleston-based bench trial — between West Virginia plaintiffs City of Huntington and Cabell County and distributor defendants (“Track 2”) — from October 19, 2020 to January 4, 2021.

The parties' pleadings discuss the merits of using one public health emergency to delay the legal proceedings related to another. Pandemic-induced litigation delays are not restricted to the federal line of opioid cases, as “[o]pioid trials scheduled in state courts also are on hold. According to the defense motion in the West Virginia trial, judges have delayed trials in cases brought by attorneys general in New Mexico and Ohio. Courts in Alaska, Missouri, Washington and Texas also have postponed opioid trial dates.”