West Virginia’s Supreme Court has refused to weigh in on a critical legal question in a landmark opioid lawsuit, sending the case back to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.
In a narrow 3-2 decision issued Monday, the court declined to answer whether the distribution of opioids could legally be considered a public nuisance under West Virginia law. The ruling leaves unresolved a key issue in the case, which pits Cabell County and the city of Huntington against three major U.S. drug distributors.
Nearly three years ago, a federal judge in Charleston ruled in favor of AmerisourceBergen Drug Co., Cardinal Health Inc., and McKesson Corp., dismissing claims that their distribution of 81 million prescription pills over eight years fueled a devastating addiction crisis in the region. The companies were accused of ignoring clear warning signs of rampant substance abuse.
U.S. District Judge David Faber previously determined that West Virginia’s public nuisance law had historically only been applied in cases involving interference with public property or resources. He argued that expanding its application to the sale and marketing of opioids would be inconsistent with legal precedent.
The legal battle took a new turn last year when the appeals court in Richmond sought guidance from West Virginia’s Supreme Court. The appellate judges asked whether, under the state’s common law, the widespread consequences of opioid distribution could qualify as a public nuisance—and if so, what standards would define such a claim.
