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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.
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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…

·Washington, United States
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Springer broke the news in United States on Saturday, January 1, 2022.
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