News & Analysis as of

Opioid Public Nuisance Pharmaceutical Industry

Dechert LLP

Dechert Re:Torts - Issue 15

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Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Carlton Fields

No CGL Coverage for Opioid Distributor Sued for Economic Damages but Not Bodily Injury Damage

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In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more

Hinshaw & Culbertson - Insights for Insurers

Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Lead Paint - Coverage issues relating to the $400...more

Smart & Biggar

B.C. Supreme Court declines to strike Province’s class action claims to recover healthcare costs and damages related to opioid...

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In August 2018, the Province of British Columbia (Province) commenced a class action on behalf of itself and other provincial and federal governments against approximately 50 pharmaceutical manufacturers, wholesalers, and...more

Hicks Johnson

Public Nuisance Claim Loses Traction in Oklahoma Opioid Case; Ohio, California Cases Move Forward

Hicks Johnson on

The past year saw several attempts to apply new applications of the public nuisance doctrine to the opioid crisis. While in the past, public nuisance claims typically sought recovery for damages in connection with land use in...more

Husch Blackwell LLP

Oklahoma Supreme Court Sets Aside $465 Million Public Nuisance Opioid Verdict

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On November 9, 2021, the Oklahoma Supreme Court set aside a $465 million verdict against Johnson & Johnson (J&J) in State ex rel. Hunter v. Johnson & Johnson, 2021 OK 54. In 2017, the State of Oklahoma sued three opioid...more

Seyfarth Shaw LLP

Oklahoma Supreme Court Concludes Opioid Manufacturer J&J Cannot be Held Liable Under State’s Public Nuisance Law

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On November 9, 2021, the Oklahoma Supreme Court in State ex rel. Hunter v. Johnson & Johnson, No. 118474, 2021 WL 5191372 (Okla., Nov. 9, 2021), overturned a $465 million verdict against opioid manufacturer, Johnson & Johnson...more

Hicks Johnson

Are Public Nuisance Claims the Next Super Torts?

Hicks Johnson on

Public nuisance claims have long been understood to rest on “an unreasonable interference with a right common to the general public.” Typically, litigation sought recovery for damages in connection with (among other...more

Cozen O'Connor

Opioid Fallout: Ad Agency Sued For Allegedly Helping Purdue Deceptively Market OxyContin

Cozen O'Connor on

Massachusetts AG Maura Healey sued healthcare marketing company Publicis Health, LLC (“Publicis”) under a theory of public nuisance and for violations of Massachusetts’s consumer protection law over Publicis’s alleged role in...more

Husch Blackwell LLP

Toxic Tort Monitor: The Rising Trend Of Public Nuisance In Large Scale Litigation

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In August of 2019, following a seven-week bench trial, Judge Thad Balkman of Oklahoma’s Cleveland County District Court found biotech and healthcare company Johnson & Johnson responsible for sparking the state’s opioid...more

Epiq

Johnson & Johnson Ordered to Pay $572 Million in Opioid Litigation

Epiq on

For years, the number of people becoming addicted to opioid-based pharmaceuticals has rapidly increased. People who are chronic users of opioid drugs can experience severe side effects and are at a greater risk of overdose...more

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