CHARLESTON – The landmark federal trial against drug distributors McKesson, AmerisourceBergen and Cardinal Health over their role in the opioid epidemic began May 3 in Charleston.
During Monday s opening arguments for the bench trial at the federal courthouse, attorneys for the plaintiffs – the City of Huntington and the Cabell County Commission – told Senior U.S. District Judge David A. Faber they plan to put forth records and testimony showing the drug distributors knew their role in the crisis and could foresee the harm.
Meanwhile, the defendants said the plaintiffs couldn’t prove a direct causal link between distribution and the crisis. Williams
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.