Practice area · Product Liability
3 published articles in this practice area.
The panel held that Massachusetts fraudulent-concealment tolling did not save Boston’s public-nuisance claim against OptumRx and Express Scripts because public litigation, reports and other materials gave the city the means to investigate alleged PBM wrongdoing before the limitations period expired.
The court vacated an order that blocked Illinois Union from filing a stay motion in the Bouvet case, holding that MDL case-management rules cannot make an insurer’s FAA remedy contingent on lead counsel’s consent.
Published ruling says an MDL court’s case-management procedures cannot condition an insurer’s statutory right to pursue a stay pending arbitration on lead counsel’s consent.