Drugmakers, in Bid to Extinguish Opioid Suits, Say There's No 'Viable Legal Theory'
Drug companies defending opioid lawsuits have fired back in the federal court handling the sprawling litigation, insisting that cities and counties lacked standing to bring several of the claims, some of which were pre-empted.
June 05, 2018 at 07:14 PM
1 minute read
Credit: Kimberly Boyles/Shutterstock.com limited discovery
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one of two motions assigned remained focused wrote joint motion
- Opioids come with clear risks of addiction and overdose.
- The complaints fail to allege a specific misrepresentation on which a doctor relied in writing an opioid prescription.
- Companies had a duty to the DEA, not the plaintiffs, to monitor suspicious drug orders.
- Plaintiffs failed to allege unjust enrichment because they conferred no benefit on the companies.
- Participation in a trade association did not show a civil conspiracy among the companies.
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