Ohio Attorney General Dave Yost’s attempt to derail the first trial over the opioid crisis is untimely and improper, according to the federal judge planned to oversee the Oct. 21 trial.

U.S. District Judge Dan Polster, of the Northern District of Ohio, made the remarks in a response, filed on Tuesday, to Yost’s petition before the U.S. Court of Appeals for the Sixth Circuit to halt the trial between two Ohio counties and seven opioid companies. The judge, who also oversees the multidistrict litigation over the opioid crisis, now encompassing more than 2,000 lawsuits by cities, counties and other governments, said the attempt was “untimely in the extreme.” Polster noted that both Yost and his predecessor, Mike DeWine, now Ohio’s governor, had multiple opportunities to object to the trial plans. In a footnote, Polster noted that DeWine has publicly opposed Yost’s petition.

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