NY Counties in State Opioid Litigation Allowed Discovery
Attorneys for a group of New York counties that are suing opioid manufacturers and distributors in state court are being allowed to proceed with discovery despite a pending motion to dismiss filed by the defendants.
January 16, 2018 at 05:32 PM
3 minute read
Attorneys for a group of New York counties that are suing opioid manufacturers and distributors in state court are being allowed to proceed with discovery despite a pending motion to dismiss filed by the defendants, which plaintiffs say will help them fight opioid abuse while the case moves forward.
In New York, discovery is automatically stayed while a motion to dismiss is pending, but Suffolk County Supreme Court Justice Jerry Garguilo took the uncommon step of allowing discovery to proceed while the defendants' motions to dismiss are set to proceed to oral arguments.
Plaintiffs are taking on opioid manufacturers and distributors on multiple fronts, with governmental units such as the state of New Jersey and the city of Seattle filing in state courts, while others have joined in federal multidistrict litigation.
In the New York case, in which several counties' suits have been consolidated in a Suffolk County Supreme Court, the plaintiff counties seek supply-chain data on prescription opioid distribution in New York, which they say could help communities impacted by opioid abuse take swift action while the litigation progresses.
In a letter to Garguilo, plaintiffs attorney Paul Napoli of Napoli Shkolnik argued that the requested materials are needed not only to help them prepare their case, but also that the information could “save lives” and give the counties a “much-need lifeline” to control the flow of opioids within their borders.
“The opioid crisis is getting worse and this type of information can assist plaintiffs in controlling this epidemic,” Napoli wrote.
According to the New York State Department of Health, there were 1,478 overdose deaths involving prescription opioids and fentanyl in New York, excluding the five counties located within New York City, in 2016.
Pushing back against the request, the defendants argued that the discovery request was “overbroad” and would place an unwarranted burden on the defendant.
In a letter to Garguilo asking him to deny the plaintiffs' request, Neil Roman of Covington & Burling, which represents distributor McKesson Corp., wrote that the plaintiffs' argument that the requested discovery materials are needed to save lives was “vague, unsupported and demonstrably false.”
In a brief order issued on Jan. 12 granting a lift of the stay, Garguilo said he concurred with U.S. District Judge Dan Polster of the Northern District of Ohio, who presides over the federal multidistrict litigation, that people are not interested in trials, discovery or “figuring out the answer to interesting legal questions like pre-emptions and learned intermediary” and that issues raised by all sides in the case should be put on a “fast track.”
In an interview, Napoli said Garguilo's ruling was a major victory for the plaintiffs and that in his 25 years in practice, he had never seen a judge take the extra step of lifting a stay discovery with dismissal motions pending.
“It's a means to an end of this problem,” Napoli said.
The attorney for defendants in the case declined to comment or did not respond to requests for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAttorneys Ordered to Apologize to South Philadelphia Residents Following 'Scream Test' Experiment
5 minute readCPLR 5501(a)(1) and the Reviewability of Final Orders on Appeal From a Final Judgment: Reconciling a Departmental Schism
16 minute readDecision of the Day: Postal Service Shows Media Outlets' Requested Change of Address Data Is Protected
Decision of the Day: Canada-Based Defendant Had Virtual Office in New York, Giving Court Jurisdiction
Trending Stories
Who Got The Work
Nicholas M. DePalma and Christian R. Schreiber of Venable have stepped in to represent CP Management Services, CRS RB4 Holdings and other defendants in a pending breach-of-contract lawsuit. The suit was filed Aug. 30 in Virginia Eastern District Court by Greenberg Traurig on behalf of Daito Kentaku USA. The case, assigned to U.S. District Judge Claude M. Hilton, is 1:24-cv-01538, Daito Kentaku USA, LLC v. Comstock Partners, LC.
Who Got The Work
Wyatt, Tarrant & Combs partner Andrew J. Pulliam has entered an appearance for Steve Jensen in a pending breach-of-contract lawsuit. The action, filed Aug. 30 in Tennessee Middle District Court by the Law Office of Perry A. Craft on behalf of Timothy Robins, accuses the defendant of writing a worthless check for over $94,000 for the sale of auctioned goods. The case, assigned to U.S. District Judge Eli J. Richardson, is 3:24-cv-01064, Robins v. Jensen et al.
Who Got The Work
Lane Powell shareholder Pilar C. French has entered an appearance for Penney OpCo LLC in a pending consumer class action. The complaint, filed Aug. 26 in Oregon District Court by Hattis & Lukacs, alleges that the company markets fictional discounts for certain products. The case, assigned to U.S. Magistrate Judge Mustafa T. Kasubhai, is 6:24-cv-01414, Gamble v. Penney OpCo LLC.
Who Got The Work
Donald L. Carmelite and Coryn D. Hubbert of Marshall Dennehey have stepped in to defend the City of York, Detective Roland Comacho and Detective Lisa Daniels in a pending civil rights lawsuit. The complaint, filed Aug. 27 in Pennsylvania Middle District Court by Levin & Zeiger on behalf of Noel Matos Montalvo, seeks damages for the amount of time that Montalvo was incarcerated over five years for the exonerated killing of his common law wife. The case, assigned to U.S. District Judge Jennifer P. Wilson, is 1:24-cv-01459, Montalvo v. City of York, et al.
Who Got The Work
Joseph M. Englert, Brian E. Pumphrey and M. Laughlin Allen of McGuireWoods have entered appearances for Bank of America NA in a pending class action. The action was filed Aug. 26 in Georgia Northern District Court by Podhurst Orseck; Webb, Klase & Lemond; Crabtree & Auslander; and Morrison + Associates on behalf of the representative of the beneficiaries of the Arthur N. Weinraub Trust, a trust which contains residential real property. The suit accuses the defendant of overcharging the trust by selecting unnecessary and/or excessively priced insurance for the property. The case, assigned to U.S. District Judge Thomas W. Thrash Jr., is 1:24-cv-03780, Weinraub v. Bank of America, N.A.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250