Pharmacies Lose Bid To Revisit Ruling On Their Opioid Duties

Law360 (September 22, 2020, 10:28 PM EDT) -- The Ohio federal judge overseeing opioid litigation on Tuesday refused to reconsider an earlier decision allowing two Ohio counties' opioid claims to go forward, reaffirming his conclusion that pharmacies should protect against types of diversion beyond theft.

U.S. District Judge Dan Polster said that the pharmacies did not offer any new arguments in their claims that Ohio public nuisance laws preclude Lake and Trumbull counties' allegations that they turned a blind eye to red flags they were fueling the opioid epidemic. He said he was firm in his decision rejecting the argument that only their pharmacists, and not themselves as corporations,...

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