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UPDATE: Federal judge denies more motions from opioid manufacturers as trial start looms

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.

Judge sides with Cabell, Huntington in opioid case; trial set to begin next week

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.

With opioid trial three weeks away, sides work through final motions, logistics

CHARLESTON — A Charleston federal judge expects a trial courtroom will be limited to attorneys, witnesses and court officials as Huntington, Cabell County and opioid distributors inch toward a May trial date. Lawsuits on behalf of the municipalities were filed in 2017 against AmerisourceBergen Corp., McKesson and Cardinal Health — the “Big Three” drug distributors — which are accused of being a public nuisance by blindly pumping pain pills into Appalachia, thus fueling opioid and later heroin addiction. The lawsuits argue the distributors breached their duty to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates. The sides met for a virtual pretrial hearing Wednesday to debate outstanding motions, at which time Judge David A. Faber also discussed logistics for the trial, which is set to start May 3.

Judge denies summary judgement motion, nuisance case against Big 3 moves toward May trial

Judge denies summary judgement motion, nuisance case against Big 3 moves toward May trial
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