State Supreme Court to hear 4th Circuit appeal in Huntington, Cabell opioid case

CHARLESTON – The state Supreme Court will hear arguments in an appeal in Cabell County and Huntington’s case against opioid distributors.

The oral arguments have been scheduled for January 28, according to the state Supreme Court website. The U.S. Fourth Circuit Court of Appeals had remanded the case back to the state Supreme Court in March to answer a certified question regarding whether the actions or omissions of the distributors constitute a nuisance under West Virginia law.

The decision could potentially be worth more than a billion dollars.

If the state Supreme Court answers no to the question, the case is over. If the court answers yes, the Fourth Circuit then would remand the case back to U.S. District Judge David Faber to decide what it would cost to abate the issue.

“We’ve been looking forward to receiving this news,” Huntington Mayor Steve Williams previously told The West Virginia Record. “Hope is still alive in the hills of West Virginia.”

Faber ruled in favor of the defendant companies on July 4, 2022, saying Cabell and Huntington hadn’t proved the companies were at fault for creating a public nuisance, had faulty controls against diversion of opioids and had faulty systems to detect suspiciously large orders.

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Source: West Virginia Record