Oklahoma's unusual use of nuisance law to win it's landmark suit against Johnson & Johnson could spur other states to amend their opioid cases to include the statute.
Judge Thad Balkman speaks during discussions about Oklahoma's trial against drugmakers blamed for contributing to the opioid crisis, June 10, 2019.on Monday could spur some states to amend their cases against opioid manufacturers and distributors to include the century-old statute.
The Oklahoma attorney general office's use of public nuisance was seen as an unusual strategy by legal analysts and J&J. The law is often used in cases that interfere with the use of public property, such as the pollution of a river, possession of diseased animals or loud and irritating noises. Legal scholars say the law has recently been used to sue paintmakers over lead paint.
Lawyers for J&J, who intend to appeal the decision, say the judge's interpretation of the law is a "a radical departure from more than a century of case law in this state." Carl Tobias, a professor of law at the University of Richmond in Virginia, said it's possible some states with similar opioid cases could include the law in their arguments. "It has such a broad statue," he said. "I think it's going to have an affect."
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