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Ohio Supreme Court sides with pharmacies in appeal of $650 million opioid judgment

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Ohio Supreme Court sides with pharmacies in appeal of 0 million opioid judgment


COLUMBUS, Ohio — The Ohio Supreme Court ruled Tuesday that the state’s product liability law prohibits counties from bringing public nuisance claims against national pharmaceutical chains as they did as part of national opioid litigation, a decision that could overturn a $650 million judgment against the pharmacies.

An attorney for the counties called the decision “devastating.”

Justices were largely unanimous in their interpretation of an arcane disagreement over the state law, which had emerged in a lawsuit brought by Lake and Trumbull counties outside Cleveland against CVS, Walgreens and Walmart.

The counties won their initial lawsuit — and were awarded $650 million in damages by a federal judge in 2022 — but the pharmacies had disputed the court’s reading of the Ohio Product Liability Act, which they said protected them from such sanctions.

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In an opinion written by Justice Joseph Deters, the court found that Ohio state lawmakers intended the law to prevent “all common law product liability causes of action” — even if they don’t seek compensatory damages but merely “equitable relief” for the communities.

“The plain language of the OPLA abrogates product-liability claims, including product-related public-nuisance claims seeking equitable relief,” he wrote. “We are constrained to interpret the statute as written, not according to our own personal policy preferences.”

Two of the Republican-dominated court’s Democratic justices disagreed on that one point, while concurring on the rest of the judgment.

“Any award to abate a public nuisance like the opioid epidemic would certainly be substantial in size and scope, given that the claimed nuisance is both long-lasting and widespread,” Justice Melody Stewart wrote in an opinion joined by Justice Michael Donnelly. “But just because an abatement award is of substantial size and scope does not mean it transforms it into a compensatory-damages award.”

In a statement, the plaintiffs’ co-liaison counsel in the national opioid litigation, Peter Weinberger, of the Cleveland-based law firm Spangenberg Shibley & Liber, lamented the decision.

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“This ruling will have a devastating impact on communities and their ability to police corporate misconduct,” he said. “We have used public nuisance claims across the country to obtain nearly $60 billion in opioid settlements, including nearly $1 billion in Ohio alone, and the Ohio Supreme Court’s ruling undermines the very legal basis that drove this result.”

But Weinberger said Tuesday’s ruling would not be the end, and that communities would continue to fight “through other legal avenues.”

“We remain steadfast in our commitment to holding all responsible parties to account as this litigation continues nationwide,” he said.

In his 2022 ruling, U.S. District Judge Dan Polster said that the money awarded to Lake and Trump counties would be used to the fight the opioid crisis. Attorneys at the time put the total price tag at $3.3 billion for the damage done.

Lake County was to receive $306 million over 15 years. Trumbull County was to receive $344 million over the same period. Nearly $87 million was to be paid immediately to cover the first two years of payments.

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A jury returned a verdict in favor of the counties in November 2021, after a six-week trial. It was then left to the judge to decide how much the counties should receive. He heard testimony the next May to determine damages.

The counties convinced the jury that the pharmacies played an outsized role in creating a public nuisance in the way they dispensed pain medication. It was the first time pharmacy companies completed a trial to defend themselves in a drug crisis that has killed a half-million Americans since 1999.



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Single-digit temps, below-zero wind chills hit central Ohio after snow

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Single-digit temps, below-zero wind chills hit central Ohio after snow


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Now comes the cold.

After nearly 5½ inches of snow fell Dec. 13 in some parts of central Ohio, the National Weather Service says bitterly cold temperatures moving into the region will mean highs in just the single digits.

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A cold weather advisory is in affect across central Ohio through 11 a.m. Dec. 15. It was 4 degrees at John Glenn Columbus International Airport at 8:30 a.m. Dec. 14, with a wind chill of 16 degrees below zero.

Temperatures to the west and south are even colder: 1 degree in Springfield, minus-1 in Dayton and minus-3 in Indianapolis. Those temperatures are not expected in the Columbus area, though. The forecast calls for slightly warmer temperatures by evening and highs in the low 20s Dec. 15.

The record cold expected for Dec. 14 — until now, the coldest high temperature in Columbus for this date was 16 degrees in 1917 — follows a day of record snow. The weather service recorded 5.4 inches of snowfall on Dec. 13 at John Glenn Columbus International Airport, topping the prior Dec. 13 record, which was 3.6 inches in 1945.

Level 2 snow emergencies, which means roads are hazardous and people should drive only if they think it’s necessary, remained in effect in Fairfield and Licking counties.

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Level 1 snow emergencies are in effect in Delaware, Franklin, Madison, Union and Pickaway counties.

Bob Vitale can be reached at rvitale@dispatch.com.



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Ohio State men’s basketball fights back in 89-88 double OT win over West Virginia

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Ohio State men’s basketball fights back in 89-88 double OT win over West Virginia


CLEVELAND, Ohio — Ohio State’s game-winning play over West Virginia in the second overtime period Saturday night was simple: give the ball to Bruce Thornton and get out of his way.

The result was an 89-88 double overtime win in the Cleveland Hoops Showdown at Rocket Arena.

It took so much to get to this moment.

The Buckeyes did all they could in regulation to overcome a 14-point deficit, while awaiting their top player in Thornton to come through.

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Is Ohio State football playing today? What’s next for Buckeyes in playoff schedule | Sporting News

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Is Ohio State football playing today? What’s next for Buckeyes in playoff schedule | Sporting News


It’s a college football Saturday, but Dec. 13 is just a little bit different.

Ohio State and all its other College Football Playoff competitors will be on the couch.

The Army-Navy game highlights the day.

There’s also the first bowl game, the LA Bowl between Boise State and Washington.

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And the FCS Playoffs roll on, as well.

Is Ohio State playing today?

No, Ohio State isn’t playing on Saturday, Dec. 13.

The CFP isn’t underway, and the Buckeyes have a bye in that even when it gets started.

When is Ohio State’s next game?

Ohio State won’t play again until Dec. 31.

That’ll be the Cotton Bowl.

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They don’t know their opponent yet, either. It’ll depend on the CFP opening round matchup between Miami and Texas A&M.

MORE: Donovan Mitchell ties Jayson Tatum on an NBA record list



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