Bernstein Litowitz Berger & Grossmann partner Gregory Varallo told the Delaware Supreme Court on Wednesday that a West Virginia decision shouldn't have been used as a basis for dismissing AmerisourceBergen shareholders' Chancery claims, arguing questions remain about how aware directors were of the company's potential to worsen the opioid epidemic.

Varallo's argument focused on how much the decision in a West Virginia federal court can impact the course of the Delaware case.