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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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Northeast Ohio Weather: High wind, very warm, showers, and storms today

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Northeast Ohio Weather: High wind, very warm, showers, and storms today


CLEVELAND, Ohio (WOIO) – A powerful cold front will be tracking through today.

A second system impacts the area tomorrow.

It is very warm and very windy today. High temperatures forecast to be above 60 degrees in many towns before the cold front blows through.

Temperatures tumble through the 50s and into the 40s later this afternoon.

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We have showers and a few thunderstorms in the area. The risk of rain will end behind the front. A south wind shifts west and could gust over 45 mph at times today.

Colder and much less wind tonight with a mostly cloudy sky. Early morning temperatures tomorrow will be in the 30s.

The system tomorrow will track across the Great Lakes and will be centered north of us Saturday night.

Moisture gets drawn up from the south. Showers develop by afternoon.

The rain isn’t expected to be heavy with less than .25″ in the forecast. High temperatures make it into the 40s.

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Colder Saturday night and blustery. Southwest winds could gust to around 30 mph at times.

A window is there Sunday for snow showers and lake-effect.

It’ll be very windy on Sunday. West winds could gust over 45 mph at times. Afternoon temperatures around 30 degrees.



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Ex-Ohio State DB Marshon Lattimore arrested on possible weapons charge

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Ex-Ohio State DB Marshon Lattimore arrested on possible weapons charge


Former Ohio State defensive back Marshon Lattimore was arrested on Jan. 7 in Lakewood, Ohio, and now awaits possible charges of carrying a concealed weapon and improperly handling firearms in a vehicle, according to multiple reports.

Lattimore, currently on the Washington Commanders, was booked into jail but later released. The police report lists a 9mm Glock as evidence, per ESPN.

Police say Lattimore was arrested because he failed to inform the investigating officer that he had a firearm in the vehicle when asked.

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In a statement to 3News, the Commanders said, “We have been made aware of the arrest and are gathering more information. We have informed the NFL League office and have no further comment at this time.”

Lattimore played for the Buckeyes in 2015 and 2016. He was selected with the No. 11 overall pick in the 2017 NFL Draft by the New Orleans Saints. He has made the Pro Bowl four times and was NFL Defensive Rookie of the Year in 2017.

In 2021, Lattimore was arrested in Cleveland and initially charged with a felony for receiving a stolen firearm. The charge was dismissed, but Lattimore pleaded guilty to carrying a concealed weapon. He received one year of probation and a suspended 180-day jail sentence, according to ESPN.

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This rising sophomore has an important offseason ahead of him for Ohio State football

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This rising sophomore has an important offseason ahead of him for Ohio State football


COLUMBUS, Ohio — The conversation around Ohio State football’s championship aspirations often centers on offensive firepower, but a sophomore cornerback might play an important role in helping the Buckeyes accomplish their goals next season.

Devin Sanchez arrived in Columbus as the nation’s top cornerback recruit, and after a freshman season where he earned meaningful snaps in critical moments, the expectations have escalated.

No longer is it enough for Sanchez to be a reliable contributor. He must take a step toward becoming a true lockdown corner who can eliminate one side of the field.

“Is Devin Sanchez ready to be the dude because he’s going to have to be,” co-host Stefan Krajisnik said on Buckeye Talk. “I don’t mean is he ready to be a reliable starter — I mean it’s time… to be a dude. I don’t think it’s putting unrealistic expectations on a guy like Devin Sanchez to be an All-Big Ten first team caliber-type guy.”

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The coaching staff has demonstrated their belief in Sanchez’s potential by giving him high-leverage opportunities against elite competition as a true freshman. Against Texas last season, while other freshmen barely saw the field, Sanchez was trusted in critical moments – a telling sign of the program’s expectations.

Next season’s rematch with Texas will provide an opportunity to see how much progress Sanchez has made since the last time he faced the Longhorns.

As co-host Andrew Gillis put it, “Is he ready to announce himself to the world as lock down?”

The transformation starts now. Co-host Stephen Means made it clear that spring practice represents a crucial development period.

“We should be walking away from spring practice thinking that’s the best cornerback in the Big Ten and his only competition is (Oregon’s) Brandon Finney,” Means said. “That should be the goal for Devin.”

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What makes Sanchez’s development so critical is how it affects the entire defensive structure. If he can become that elite cornerback who eliminates one side of the field, it changes what Ohio State can do with their other 10 defenders. It allows for more aggressive pressure packages, more safety help to other areas, and ultimately, a more disruptive defense.

For Ohio State fans, Sanchez’s development represents one of the most fascinating storylines to follow this offseason. His progression from promising freshman to elite sophomore could be the difference between a playoff appearance and a national championship.

Here’s the podcast for this week:



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