Arkansas State Court Sustains Claims Brought by Arkansas hospitals Against Opioid Manufacturers
In March 2021, an Arkansas trial court considered motions to dismiss in an action brought by several hospitals, in the action styled Fayetteville Arkansas Hospital Company, LLC, et al. v. Amneal Pharmaceuticals, LLC, et al., Case No. 72CV-20-156 (Cir. Ct. of Washington County, Ark.).
In a series of orders, the court denied the joint motion to dismiss filed by most manufacturers as to claims of nuisance and violations of Arkansas’ unfair and deceptive acts and practices statute, and dismissed without prejudice plaintiffs’ claims of common law fraud, negligence and unjust enrichment; and granted motions to dismiss filed by distributors and pharmacy chains, and a limited group of manufacturers, dismissing them without prejudice. The Arkansas hospitals have since repleaded the dismissed claims, and have repleaded against most (but not all) of the dismissed defendants.