OptumRx has petitioned a California appellate panel to disqualify the law firm Motley Rice from representing Los Angeles County in an ongoing lawsuit. The suit alleges that OptumRx collaborated with drug manufacturers to exacerbate the opioid crisis. OptumRx contends that Motley Rice violated state law by utilizing confidential information obtained in this case for other lawsuits against the company.
This motion is part of a broader pattern of legal challenges between OptumRx and Motley Rice. In December 2023, OptumRx sought to disqualify Motley Rice from representing plaintiffs in opioid litigation, citing ethical concerns over the firm’s prior access to confidential information through government subpoenas. The company argued that Motley Rice’s previous role as special assistant attorneys general for various states provided them with sensitive data, which could unfairly advantage them in private litigation. However, in March 2024, a federal judge in Ohio denied OptumRx’s bid to disqualify Motley Rice from the national opioid multidistrict litigation, stating that the company had not demonstrated that the firm’s prior representation put OptumRx at a disadvantage.
The current lawsuit filed by Los Angeles County in August 2023 accuses OptumRx and Express Scripts of contributing to the opioid epidemic by failing to monitor and report suspicious prescription activities. The county alleges that these pharmacy benefit managers placed opioids on their formularies with preferred status and minimal restrictions, in exchange for significant rebate payments from opioid manufacturers. The complaint further asserts that the defendants ignored evidence of misuse, addiction, and diversion, thereby exacerbating the public health crisis.
As the legal proceedings continue, the appellate panel’s decision on OptumRx’s motion to disqualify Motley Rice will be closely watched, given its potential implications for the broader opioid litigation landscape.