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The tactic could also provide an end-run around an existing state law that makes it tough to bring suit against drug companies for drugs that have already won FDA approval.

The state of Michigan has filed a lawsuit against McKesson Corporation, Cardinal Health Inc., AmerisourceBergen Corporation and Walgreens, charging them with creating the opioid crisis by flooding the market with pills and selling them without oversight that could have prevented their misuse.

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Marlene Satter

Marlene Y. Satter has worked in and written about the financial industry for decades.

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