BLUEFIELD – A one-year statute of limitations should limit the damages Cabell County and the City of Huntington can seek from three large drug distributors, according to attorneys for the companies.
During a February 8 hearing before U.S. District Judge David Faber, lawyers for AmerisourceBergen, Cardinal Health and McKesson Corp. said West Virginia law establishes a one-year statute of limitations for public nuisance case. Because of that, the companies say any claims made before 2016 shouldn’t be included in the cases that originally were filed in January and March of 2017.
“They (the plaintiffs) are going to tell you that no statute of limitations applies in this case because they seek equitable relief,” Cardinal Health attorney Ashley Hardin told Faber. “But whatever label we end up putting on that relief does not affect the running of the statute of limitations.”