CHARLESTON – As the trial date looms next week, a federal judge again has denied motions for summary judgment from the defendant opioid distributors.
On April 28, Senior U.S. District Judge David A. Faber denied a motion for summary judgment regarding nuisance filed by the defendant companies AmerisourceBergen, Cardinal Health and McKesson. He also denied their motion for summary judgment on proximate causation grounds and McKesson s motion for dismissal on derivative sovereign immunity grounds. He also denied a motion filed by plaintiffs Cabell County Commission and the City of Huntington holding that Cardinal Health did not comply with its duties under the Controlled Substances Act.
CHARLESTON – As the trial date looms next week, a federal judge again has denied motions for summary judgment from the defendant opioid distributors.
On April 29, Senior U.S. District Judge David A. Faber denied a motion for summary judgment on the grounds that the plaintiff municipalities can t prove the fault element of their public nuisance claim. That motion had been filed by the defendant companies AmerisourceBergen, Cardinal Health and McKesson. The plaintiffs are the Cabell County Commission and the City of Huntington. Plaintiffs proceed in this case on a single cause of action: public nuisance, Faber wrote. This motion argues that plaintiffs claim fails on what defendants term the fault element. . Without culpable conduct meeting one of these standards, say defendants, there is no public nuisance under West Virginia law.
CHARLESTON – As the trial date looms next week, a federal judge again has denied motions for summary judgment from the defendant opioid distributors.
On April 29, Senior U.S. District Judge David A. Faber denied a motion for summary judgment on the grounds that the plaintiff municipalities can t prove the fault element of their public nuisance claim. That motion had been filed by the defendant companies AmerisourceBergen, Cardinal Health and McKesson. The plaintiffs are the Cabell County Commission and the City of Huntington. Plaintiffs proceed in this case on a single cause of action: public nuisance, Faber wrote. This motion argues that plaintiffs claim fails on what defendants term the fault element. . Without culpable conduct meeting one of these standards, say defendants, there is no public nuisance under West Virginia law.
CHARLESTON â A federal trial for a case filed by Huntington and Cabell County against drug companies they accuse of creating and fueling the opioid epidemic in the area will not take place January as planned, due to COVID-19.
The lawsuits argue the companies had a duty to monitor and report the high volume of pills being shipped into the area but ignored it.
The case had been set to go to trial Jan. 4, 2021, but in an order released Thursday, U.S. District Court Judge David A. Faber continued the trial indefinitely due to COVID-19. A pretrial conference will now take place Jan. 6 and Feb. 3 at 11 a.m. via videoconference to further discuss the case.