In more than 1,600 opioid lawsuits filed by U.S. cities and counties, most claims are being made under racketeering and conspiracy statutes as well as nuisance laws. (Photo: Shutterstock)
Determining who foots the bill for America's growing opioid epidemic may depend on how well the state of Oklahoma deploys a high-risk legal strategy this week against Johnson & Johnson and Teva Pharmaceutical Industries Ltd.
At least 42 states and more than 1,600 municipalities are suing makers of the addictive painkillers, demanding billions of dollars in damages and claiming illegal drug marketing created a costly public-health crisis. Oklahoma is the first to go to trial with a case relying on nuisance laws normally invoked for minor property disputes involving things such as loud noises or bright lights.
“It's the first time this theory has actually gotten to trial in pharmaceutical litigation, so everybody will be watching to see if it works,” said Richard C. Ausness, a University of Kentucky law professor who monitors opioid litigation.
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