Opioid Distributors Face Public Nuisance Suit’s Possible Revival

AmerisourceBergen Corp., Cardinal Health Inc., and McKesson Corp. suffered a possible setback Monday when a federal appeals court asked West Virginia’s top court to determine if they can be held liable for creating a public nuisance.

The US Court of Appeals for the Fourth Circuit certified the following question to the West Virginia Supreme Court of Appeals: “Under West Virginia’s common law, can conditions caused by the distribution of a controlled substance constitute a public nuisance and, if so, what are the elements of such a public nuisance claim?”

A negative answer likely would lead the Fourth Circuit ...