September 05, 2019

Significant Rulings in the National Opioid Litigation

On September 3, 2019, federal District Judge Dan Aaron Polster of the Northern District of Ohio denied the Motion for Summary Judgment filed by the defendant drug distributors and manufacturers in In re: National Prescription Opiate Litigation, rejecting Defendants’ arguments of pre-emption and lack of causation, and concluding, among other things, that a “factfinder could reasonably conclude that Defendants’ misleading marketing activities resulted in a substantial increase in the supply of prescription opioids, which, in turn, proximately caused harm to Plaintiffs.”