NY Judge Rejects Opioid Makers’ Request for Dismissal of Eight Lawsuits

June 22, 2018

A New York judge refused a request by opioid manufacturers to throw out lawsuits by eight counties, ruling against defenses similar to those offered by opioid makers in pending federal litigation.

Judge Jerry Garguilo ruled the defendants, including Purdue Pharma, Endo, and Johnson & Johnson, must face the claims, which include violation of state consumer protection laws and “public nuisance” violations.

Garguilo rejected the defendants’ claims that FDA regulations preempt state law and that the companies are not accountable for doctor and pharmacist misconduct. Both claims are also central to the defense in a major multidistrict litigation case pending before an Ohio judge.

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