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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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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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No. 2 Ohio State Wins Top 10 Battle over No. 9 Wolfpack, 26-10 | Ohio State

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No. 2 Ohio State Wins Top 10 Battle over No. 9 Wolfpack, 26-10 | Ohio State


COLUMBUS, Ohio — No. 2 Ohio State (8-0) remained undefeated with a 26-10 win over visiting No. 9 NC State (5-3) Friday at the Covelli Center. 

How it Happened

125 – (1) Vincent Robinson (NCST) def. Brendan McCrone (OSU), MD, 12-3

Robinson opened the scoring with a takedown followed by a McCrone escape to send the bout to the second with NC State up 3-1. McCrone chose top to open the second after Robinson deferred choice. Robinson got the reversal to lead 5-2 after a McCrone escape. Robinson added a takedown to lead 8-2 after five minutes. Starting neutral, Robinson made it 11-2 with a takedown. McCrone escaped but with a point for riding time, Robinson won by major decision, 12-3. 

133 – (2) Ben Davino (OSU) def. Zach Redding (NCST), D, 7-1

After two minutes, Davino scored the opening takedown for a 3-0 lead to go to the second. Davino chose bottom to start the second and quickly escaped for a 4-0 lead. Davino added a late takedown to lead 7-0 after two periods. Redding escaped to start the third to make it 7-1 Buckeyes. That’s the way if ended for a Davino win by decision, 7-1.

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141 – (1) Jesse Mendez (OSU) def. (6) Ryan Jack (NCST), TF, 21-6

Mendez went on top 3-1 with a takedown and Jack escape. Mendez added another takedown on the edge of the mat to finish the period up 6-1. Mendez added three takedowns quickly to jump to a 15-4 advantage. Another pair of takedowns ended the match for a Mendez win by technical fall, 21-6. 

149 – (6) Ethan Stiles (OSU) def. (7) Koy Buesgens (NCST), D, 4-3

There was no scoring in the opening the period. Stiles chose bottom to open the second and took the 1-0 lead with an escape for the only points of the middle period. Buesgens evened the bout at 1-all with an escape to open the third. Stiles was awarded a takedown that was challenged by NC State but upheld after video review for a 4-1 lead for the Buckeyes. Buesgens scored a late reversal but Stiles held on for a 4-3 win by decision. 

157 – (4) Brandon Cannon (OSU) def. (11) Jackson Arrington (NCST), MD, 9-1

Cannon struck first with a late takedown for a 3-0 lead. Cannon chose bottom to start the second after Arrington deferred. Cannon scored a reversal for a 5-0 advantage after five minutes. The third period started neutral before a Cannon takedown made it 8-0. Arrington earned an escape but with a point for riding time, Cannon got the win by major decision, 9-1. 

165 – (19) Will Denny (NCST) def. (11) Paddy Gallagher (OSU), SV-1, 6-5

Denny got on the board first with a takedown at the edge of the mat. Gallagher escaped to make it 3-1 Wolfpack at the end of the opening period. Gallagher closed the gap with an escape early in the second before taking the lead with a takedown to make it 5-4 after a Denny escape. The third started with Denny choosing bottom. He tied it at 5-all with an escape. The match then went to sudden victory. Denny got the win by decision, 6-5 when Gallagher was called for stalling. 

174 – (5) Carson Kharchla (OSU) def. (3) Matthew Singleton (NCST), D, 8-4

Neither wrestler scored in the opening three minutes. Kharchla got the reversal for the first points of the match. Singleton then escaped to make it 2-1 Buckeyes. Kharchla scored a takedown to make it 5-2 after a Singleton escape. Singleton chose bottom to start the third and escaped to cut it to 5-3. Kharchla quickly added a takedown for an 8-4 advantage and a win by decision. 

 

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184 – (6) Dylan Fishback (OSU) def. Don Cates (NCST), MD, 12-1

Fishback opened the scoring with a takedown at the edge of the circle. Cates escaped before another Fishback takedown made it 6-1 before the end of the first. Fishback upped the lead with an early escape before adding another takedown for a 10-1 lead. Fishback finished off the match to win by major decision, 12-1.

197 – (14) Luke Geog (OSU) def. Cason Howle (NCST), MD, 17-4

Just a minute into the bout Geog scored the opening points with a takedown. Howle escaped before Geog added a takedown and a four-point nearfall to lead 10-1 after three minutes. Howle added an escape point to open the second. Geog, leading 10-2, escaped to open the third before adding a takedown for a 14-3 advantage. Another takedown got the win by major decision, 17-4. 

HWT – (2) Isaac Trumble (NCST) def. (3) Nick Feldman (OSU), D, 5-1

Trumble jumped to a 3-0 lead with a takedown and built nearly 90 seconds of riding time before a Feldman escape make it 3-1. Trumble escaped to open the second to take a 4-1 lead into the third. Trumble finished off the match with a 5-1 win by decision with a point for riding time. 

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Up Next: 

Ohio State will travel to Nashville Dec. 21 for the 2025 Collegiate Duals where they will take on Little Rock and No. 3 Iowa State.

 

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Wt. No. 2 Ohio State vs. No. 9 NC State OSU NCST
125  (1) Vincent Robinson (NCST) def. Brendan McCrone (OSU), MD, 12-3  0 4
133  (2) Ben Davino (OSU) def. Zach Redding (NCST), D, 7-1 3 4
141  (1) Jesse Mendez (OSU) def. (6) Ryan Jack (NCST), TF, 21-6 8 4
149  (6) Ethan Stiles (OSU) def. (7) Koy Buesgens (NCST), D, 4-3 11 4
157  (4) Brandon Cannon (OSU) def. (11) Jackson Arrington (NCST), MD, 9-1 15 4
165  (19) Will Denny (NCST) def. (11) Paddy Gallagher (OSU), SV-1, 6-5 15 7
174  (5) Carson Kharchla (OSU) def. (3) Matthew Singleton (NCST), D, 8-4 18 7
184  (6) Dylan Fishback (OSU) def. Don Cates (NCST), MD, 12-1 22 7
197  (14) Luke Geog (OSU) def. Cason Howle (NCST), MD, 17-4 26 7
HWT  (2) Isaac Trumble (NCST) def. (3) Nick Feldman (OSU), D, 5-1 26  10 
 Attendance: 3,895


#GoBucks

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