Broader Context and Judicial Commentary
OptumRx has previously attempted—unsuccessfully—to disqualify Motley Rice from similar roles, including its representation of the City of Boston in opioid-related litigation. In the national opioid MDL, U.S. District Judge Dan Aaron Polster declined to disqualify the firm but expressed unease over the blurring of lines between representing a government as a client and acting with governmental authority.
“There is a real difference between a law firm’s representation of a governmental entity as a private client and a law firm’s wielding the authority of that government,” Judge Polster wrote. “The facts happen to work in favor of Motley Rice in this case … but the court’s discussion and analysis might have been different under other circumstances.”
Utah Follows Montana in Dropping Motley Rice
Utah is not the first state to sever ties with the firm. In 2021, Montana’s Attorney General also terminated Motley Rice’s representation in its opioid litigation, citing similar concerns and stating the decision was made because the arrangement was “not in the best interests of Montana.”
