Co-Founder and Managing Partner Harry Nelson was interviewed by Jacquie Lee and Ayanna Alexander of Bloomberg Law. He gave his take on the recent developments in the United States’ opioid litigation and whether he believes the request to pause local governments’ lawsuits in favor of giving states the first swing at Big Pharma will actually happen.
From the article:
This week Judge Dan Polster—you know, the judge who’s overseeing that massive opioid trial in Cleveland later this month—will respond to a request to pause local governments’ lawsuits in favor of giving states the first swing at the drug companies and distributors. That request was filed last week by Ohio Attorney General Dave Yost and other state attorneys general who have their own opioid lawsuits brewing.
Yost is arguing that letting the Cuyahoga and Summit County cases go forward first steps on states’ toes. If approved, Yost’s petition could force Polster to postpone other trial dates in cases brought by cities and counties. Harry Nelson told me he thinks the states have a “reasonable chance” at winning this argument and pushing back the local trial dates.
He’s a lawyer who’s been an expert witness for some of the parties suing the drug companies. He doesn’t represent any parties in the case.
Petitions like this “are generally a ‘Hail Mary’ in the ordinary case,” he says, but here “there is a compelling argument that allowing the city and county legal actions to go forward will interfere with the rights of the states.”
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