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States Back McKinsey Bid to Dismiss Local Governments' Opioid Cases

Submitted by jhartgen@abi.org on

Eleven states yesterday argued that cities and counties nationally were trying to "usurp" their authority by suing McKinsey & Co Inc for turbocharging the U.S. opioid epidemic, after McKinsey already agreed last year to settle with every U.S. state for $642 million, Reuters reported. A coalition of states led by Ohio Attorney General Dave Yost filed a brief in San Francisco federal court backing the consulting firm's contention that local governments were barred from suing it separately over the settled claims. The attorneys general warned U.S. District Judge Charles Breyer that allowing the local governments to proceed with their "copy-cat" claims would handicap states in future litigation and make it harder for statewide settlements to be achieved. "The problem will only grow worse if this Court does not act early to rule that a State can indeed provide the 'universal peace' of extinguishing all claims, present or future, brought by the State and its component parts," the states argued. The other states that signed onto the amicus brief are Arkansas, Connecticut, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, North Dakota and Texas. All but Connecticut have Republican attorneys general, and several previously have taken stances adverse to those of local governments in the broader litigation against drug companies accused of contributing to the epidemic. McKinsey last year reached agreements with state attorneys general to pay $642 million to resolve claims it helped drug manufacturers, including OxyContin maker Purdue Pharma LP, design marketing plans and boost sales of painkillers.

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