West Virginia court declines to answer whether opioids distribution can cause public nuisance
- On May 12, 2025, West Virginia's Supreme Court chose not to address whether the spread of opioids constitutes a public nuisance in a key lawsuit from Cabell County.
- This refusal follows years of dispute after Cabell and Huntington accused distributors of fueling a public health crisis with 81 million pills over eight years.
- Cabell County, an Ohio River region with 93,000 residents, recorded 1,059 emergency overdose responses and at least 162 deaths in 2021, rates higher than prior years.
- Attorney Paul Farrell Jr. Called the court’s refusal disappointing, stating, "The fight isn't over," while defendants warned such rulings would unleash "an avalanche of activist litigation."
- The case has been sent back to the federal appellate court located in Richmond, Virginia, as litigation over the application of nuisance law to opioid distribution continues.
26 Articles
26 Articles
West Virginia Supreme Court punts Huntington-Cabell overdose case
The West Virginia Supreme Court has refused to help a federal appeals panel resolve a case that seeks to make three of the nation’s largest drug distributors pay to abate the state’s opioids overdose crisis. To reach its ruling, a 3-2 majority of justices voted to set a new, tighter standard that they would not answer these kinds of legal questions unless the issues involved “substantially control the case.” In the case, Cabell County and the ci…
WV Supreme Court declines to answer public nuisance question in opioid case
The West Virginia Supreme Court on Monday, May 12, 2025, declined to answer a certified question in the years-long opioid case in the lawsuit by Huntington and Cabell County against drug companies AmerisourceBergen, Cardinal Health and McKesson. In its 3-2 vote, the Supreme Court sent the case back to the U.S. Fourth Circuit Court.
WV Supreme Court declines to answer federal court question in Cabell, Huntington opioid appeals case
CHARLESTON — As Huntington and Cabell County are attempting to appeal a 2022 federal ruling that found West Virginia’s public nuisance laws insufficient grounds for their lawsuit against three opioid distributors, the state Supreme Court on Monday declined to answer…
WV Supreme Court declines to answer federal court question in Cabell, Huntington opioid appeals case • West Virginia Watch
The federal Fourth Circuit Court of Appeals asked West Virginia’s Supreme Court of Appeals last year to determine if state law recognizes the harm caused by the excessive distribution of opioids to be a public nuisance — a key argument used in Huntington and Cabell County’s bid to appeal a 2022 federal decision. A majority of the state Supreme Court, however, opted not to issue an answer on Monday. (Getty Images)As Huntington and Cabell County a…

West Virginia court declines to answer whether opioids distribution can cause public nuisance
CHARLESTON, W.Va. (AP) — West Virginia’s Supreme Court on Monday declined to answer a federal court’s question in an appeal in a landmark lawsuit over whether the distribution of opioids can cause a public nuisance. The 3-2 opinion returns the case to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. It’s been nearly three years since a federal judge in Charleston ruled in favor of three major U.S. drug distributors who were accused b…
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