In a bellwether case in the national opioid multidistrict litigation, S&C delivered a major win for Walgreens Boots Alliance. On certification from the U.S. Court of Appeals for the Sixth Circuit, the Ohio Supreme Court issued a ruling that eliminates a $650 million public nuisance award against Walgreens and two other national pharmacy chains, Walmart and CVS. S&C was brought into this case for the appeal.
On December 10, the Ohio Supreme Court ruled that the Ohio Products Liability Act (OPLA) abrogated all common law public nuisance claims. The state’s high court had been asked to weigh in on this pivotal question of state law by the Sixth Circuit, where the three pharmacies had appealed the district court’s award.
Jeff Wall delivered the oral argument before the Ohio Supreme Court on behalf of all three pharmacies. Morgan Ratner played a critical role in the appeal before the Sixth Circuit and the Ohio Supreme Court.
Jeff, the head of Sullivan & Cromwell’s Supreme Court and Appellate Practice, was named a “Litigator of the Week” by the Am Law Litigation Daily for this win.