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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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Restrictions on social media use among children restored in Ohio

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Restrictions on social media use among children restored in Ohio


As concerns have grown over the impact of social media on young people, lawmakers are pushing to keep protections in tact to keep children safe online.

This week the Sixth Circuit Court of Appeals ruled that Ohio’s law, the Social Media Parental Notification Act, requiring parental consent for children under the age of 16 to use social media must be restored. Gov. Mike DeWine signed the act into law in July 2023.

Netchoice, the trade group that represents Tik Tok, Snapchat, Meta and other tech companies contested Ohio’s law in 2024, arguing that it was overly broad, vague and represented an unconstitutional impediment to free speech.

“An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected,” Paul Taske, NetChoice Litigation Center Director said.

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Cincinnati-based Sixth Circuit’s panel does not agree with this view point, determined that the law is not unconstitutional and had the block on the law’s enforcement vacated.

“At bottom, the Act imposes a parental consent requirement,” Judge Eric Clay wrote. “That requirement constitutes a marginal burden that precisely targets the multi-faceted problem that Ohio has identified: Children’s unsupervised assent to terms and conditions for use of platforms that take advantage of and harm them.”

The Social Media Parental Notification Act is a way to protect children’s mental health against the “intentionally addictive” nature of social media, according to U.S. senator Jon Husted.

The law requires companies to get parental permission for social media and gaming apps and to provide their privacy guidelines so families know what content would be censored or moderated on their child’s profile.

Ohio Attorney General Andy Wilson says the ruling is “a win for Ohio families.”

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“The court agreed that parents –- not social media companies –- should get a say in what kids see online,” he said in a statement. “We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet. This decision gives parents the tools to be involved and provide oversight.”



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Black bear spotted in Licking County as sightings rise across Ohio

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Black bear spotted in Licking County as sightings rise across Ohio


LICKING COUNTY, Ohio (WCMH) — When you think of wild animals in central Ohio, a black bear likely isn’t the first thing that comes to mind. That’s why one Licking County family said they couldn’t believe their eyes.  

It was an average afternoon drive home for father and son, Justin and Aaron Rhodes, when something walked into the road in front of them. 

“I didn’t even think it was real at first, so that’s why I had to do the double take,” Justin said. 

Aaron said he thought it was “just a weird looking dog”.

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To their disbelief, it was a bear. The sighting comes just one year after the animal was spotted in Licking County for the first time in more than two decades.  

“It’s kind of hard to believe that they’re even around this area,” Justin said. “I’ve lived in this area for about 24 years now, so it’s been quite a while, and I’ve never seen one before.” 

These sightings are becoming more common. The Ohio Division of Wildlife said the black bear population is growing in the state, and they expect those trends to continue. Ohio saw a record number of confirmed sightings in 2025.   

Lindsey Krusling, a wildlife communications specialist with the Ohio Division of Wildlife, said they are seeing more breeding females establish homes in the state, signaling the species is returning. Experts said the work restoring natural forest land is a big reason why.  

“We’re starting to get some black bears coming in from neighboring states like Pennsylvania, West Virginia and Kentucky,” Krusling said. “They’re naturally crossing those state borders and coming back to Ohio because we have more of that habitat available to them, especially those forested areas.” 

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As the black bear population grows, the Division of Wildlife is expanding its research. They are putting radio collars on some bears they find in the state to help track data, such as if the bears are staying here, how far they’ve traveled and if they’re successfully having cubs.  

“We’re trying to get quite a bit of data from these bears, and we’re super excited to see where this takes us,” Krusling said.  

The research is in the beginning stages, but they expect population growth to continue, Krusling said. 

Sighting reports can be submitted here to help the Division of Wildlife track black bear populations throughout the state.

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Lorain woman killed, three children injured in Ohio Turnpike crash in Elyria (UPDATED)

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Lorain woman killed, three children injured in Ohio Turnpike crash in Elyria (UPDATED)


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