Public nuisance law can cover product sales, profs tell 4th Circ.

Illustration photo shows various medicine pills in their original packaging. REUTERS/Yves HermanJan 3 (Reuters) - Six law professors on Tuesday urg...

January 4, 2023
2:02 AM

Illustration photo shows various medicine pills in their original packaging. REUTERS/Yves HermanJan 3 (Reuters) - Six law professors on Tuesday urged a federal appeals court to take an expansive view of public nuisance law as it considers whether to revive a lawsuit by a West Virginia city and county against the top U.S. drug distributors over their role in the opioid crisis.U.S. District Judge David Faber in Charleston, West Virginia found in July that plaintiffs can sue parties for creating a so-called public nuisance only for damage to public property or resources, like roads or waterways, and not for the sales of products that harm public health.

Brendan Pierson