In re National Prescription Opiate Litigation

Overview

(Ohio Supreme Court, December 10, 2024): The Ohio Supreme Court ruled in favor of Walgreens, CVS, and Walmart on a certified question before the Sixth Circuit, clarifying that the litigation before the circuit court concerns state product liability laws rather than common law principles. The court held that the Ohio Product Liability Act (OPLA) repealed common law for product liability when enacted, invalidating common-law public-nuisance claims brought by two northeast Ohio counties against pharmacies for their roles in perpetuating the opioid epidemic by filling prescriptions without proper controls in place. The district court previously ruled against the pharmacies that sought dismissal, and now the case may continue at the appellate level. If the Sixth Circuit subsequently concludes the counties cannot make a claim within the confines of OPLA, massive opioid judgments could be in jeopardy. Read the full opinion here.

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