Express Scripts Scores Jury Trial in West Virginia Opioid Suit

A federal appeals court granted Express Scripts Inc.‘s petition for a jury trial in a case from 120 cities, towns, and counties across West Virginia alleging the company played a central role in the opioid epidemic.

The US Court of Appeals for the Fourth Circuit ruled Friday that the pharmacy benefit manager is entitled to a jury trial in response to the cities’ request for an abatement fund that would pay for the removal of the oversupply of opioids, and for addiction treatment, education, and community rehabilitation.

“The Seventh Amendment entitles litigants to a jury trial,” Judge Julius Richardson wrote for the court.

“Part of the relief Plaintiffs seek—including funding to treat addicts and to educate the public about opioid risks—is a classic legal remedy,” Richardson said. “So Express Scripts is entitled to a jury trial.”

The appeals court, however, rejected Express Scripts’s petition claiming the district court exceeded its jurisdiction when it ordered a statewide trial on the issue.

“Despite this tension, we decline to issue the writ on this question,” Richardson said. “Should the district court ultimately enter relief that sweeps beyond what is necessary to provide Plaintiffs redress, Express Scripts may challenge that remedy on direct appeal.”

The cities in West Virginia alleged Express Scripts contributed to the oversupply of opioids in their communities. For their remedy, they sought an abatement fund that would pay for the removal of the oversupply of opioids and for addiction treatments.

Express Scripts demanded a jury trial in response, which the district court denied.

The company petitioned the Fourth Circuit for a writ of mandamus for a jury trial, requesting a powerful legal remedy that allows a higher court to direct a lower court to perform a duty.

Judges Paul Niemeyer and Toby Heytens joined the opinion.

Quinn Emanuel Urquhart & Sullivan LLP represent Express Scripts.

The case is In re: Express Scripts, Inc., 4th Cir., No. 25-02281, order filed 5/15/26.