Georgia Attorney General, Chris Carr. (Photo: John Disney/ALM)

The Metro Atlanta Business Case Division Judges Committee has granted Georgia Attorney General Chris Carr's motion to transfer the state's opioid litigation to business court.

"As we continue our multi-pronged fight against the opioid epidemic, we are pleased our lawsuit against opioid manufacturers and distributors has been transferred to the Business Case Division of the Gwinnett County Superior Court," Carr said Tuesday in a news release. "This is the proper venue for a case of this complexity and is good news for the people of Georgia."

Carr hired outside counsel last year to handle opioid litigation. They filed a January lawsuit in Gwinnett County Superior Court against a long list of drugmakers, alleging that they fueled the opioid addiction crisis for profit with false advertising that understated the dangers and exaggerated the benefits of their products.

The complaint accused drugmakers of paying "front groups" and "key opinion leaders" to promote pills while deceptively appearing to be unbiased. The complaint alleged the drugmakers flooded the market with pills without providing the required monitoring, paving the way for improper use. And the complaint accused the companies of unleashing a deluge of opioids into Georgia, then failing to prevent the diversion of the drugs away from legitimate medical providers and pharmacies and into the black market. "These actions lit and fueled the ongoing opioid crisis, strained the state's coffers and imposed a crushing human toll on Georgia's communities," Carr said.

The case requires a forum equipped to handle its "inevitably significant demands" on the court's time and resources," Carr said. "The Business Court is such a forum."

When the statewide business court opens for business in January 2020, it will work with the Metro Atlanta Business Case Division, including the business court in Gwinnett that now has the opioid litigation.

Gov. Brian Kemp named Jones Day partner Walt Davis to head the new statewide business court in July. The Legislature confirmed Davis earlier this month.

The lawsuit seeks injunctive relief, damages and restitution. With it, Georgia joins a growing number of states and cities that have filed similar lawsuits in both state and federal courts.

Carr hired a team last September that includes a powerhouse plaintiffs firm from Alabama and some well-known litigators in Georgia to investigate and file lawsuits against makers and sellers of opioid drugs. Those firms are working a contingency-fee arrangement. The group includes: John Bevis of the Barnes Law Group in Marietta as a special assistant attorney general for opioid litigation. The Barnes Law Group is working with The Cooper Firm in Marietta, Franklin Law in Savannah, and Beasley, Allen, Crow, Methvin, Portis & Miles in Montgomery and Atlanta.

"No Georgia community is a stranger to the devastating effects of the opioid crisis," Carr said when the suit was filed. "We are bringing this lawsuit quite simply to seek justice for the citizens of Georgia. It is imperative that we recover for the widespread damage that has been caused by this epidemic."

Carr said in announcing the legal team last year that he would dedicate "every available resource our office has to fight the opioid epidemic—whether by increasing communication and coordination through our Statewide Opioid Task Force, cracking down on illegal prescribing through our Medicaid Fraud Control Unit or conducting training opportunities for law enforcement and prosecutors through our national partnerships."

Purdue Pharma tops a long list of corporate defendants. The company did not respond immediately to the news Tuesday. But Purdue shared this statement previously:

"We are deeply troubled by the opioid crisis and we are dedicated to being part of the solution. As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge. Although our products account for approximately 2% of the total opioid prescriptions, as a company, we've distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed the first FDA-approved opioid medication with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone. We vigorously deny these allegations and look forward to the opportunity to present our defense."