David Cohen, the special master presiding over the multidistrict opioid litigation, has found himself in a potentially precarious professional situation. The source of contention stems from an August 28 email Mr. Cohen intended to send to himself, featuring notes on the bellwether trial process in the complex set of court cases against pharmacy benefit managers involved in the opioid crisis. Unfortunately, owing to an inadvertent ‘reply-all’ mistake, the dispatch ended up in the inboxes of numerous attorneys actively engaged in the aforementioned legal proceedings.
The situation quickly became charged, with two pharmacy benefit managers submitting a motion to have Cohen disqualified from his role in the proceedings. Their assertion hinges on the contention that the error in judgement in relation to the email, as reported by Law.com, ‘would lead any reasonable observer to question his impartiality.’
David Cohen, an experienced legal professional, has been at the frontline of the opioid cases as special master since 2018. His current circumstance serves as a stark reminder of the high expectations and scrutiny faced by those in such intricate legal roles. The standing of the motion and potential implications for both Cohen and the course of the multidistrict litigation remain to be seen.