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.
Florida State Court Sustains Claims Brought by Florida Hospitals against Opioid Manufacturers and Distributors and National Pharmacy Chains
In Florida Health Sciences Center v. Sackler et al, Case No: CACE19-018882 (Cir. Ct. 17th Circuit Broward Co., Sept. 9, 2021), an action brought by a group of Florida hospitals, a Florida trial court broadly sustained claims brought against several opioid manufacturers, distributors and pharmacies. After several days of oral argument on various motions to dismiss, the Court denied the motions in principal part and the case is proceeding to discovery.
Missouri State Court Sustains Claims Brought by Florida Hospitals against Opioid Manufacturers and Distributors and National Pharmacy Chains
In Lester E. Cox Medical Centers, d/b/a Cox Medical Center, et al. v. Amneal Pharmaceuticals, LLC, et al., Case No. 2031-CC00459 (Cir. Ct. of Greene County, Mo. February 4, 2022), an action brought by a group of Missouri hospitals, a Missouri trial court broadly sustained claims brought against several opioid manufacturers, distributors and pharmacies.
After several days of oral argument on various motions to dismiss, the Court denied the motions in principal part and the case is proceeding to discovery.