Pharmacies Can't Escape Public Nuisance In Opioid MDL

Law360 (January 27, 2020, 5:37 PM EST) -- An Ohio federal judge on Monday refused attempts by Rite Aid, Walmart and others to dismiss claims alleging that their failure to stop opioids from being diverted for illicit purposes created a public nuisance, saying that counties had shown evidence to back the allegations.

U.S. District Judge Dan Polster issued separate orders denying the pharmacies' bids for summary judgment on public nuisance and civil conspiracy claims, finding that the local governments in the multidistrict litigation had presented evidence that their opioid monitoring systems were not reliable.

The counties had shown evidence that CVS Health Corp.'s system for suspicious orders was "makeshift,...

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