Law.com: The Oklahoma Supreme Court Reversed A US$465M Opioid Judgment

November 09, 2021

The Oklahoma Supreme Court reversed a US$465 million judgement against Johnson & Johnson that held the drugmaker liable for the state’s opioid crisis under public nuisance law. In a 5-1 decision, the justices found that US District Court Judge Thad Balkman went “too far” in stretching the state’s public nuisance law to cover the marketing and sale of J&J's products. A concurring judge's separate ruling called on the state’s legislature to amend the public nuisance to avoid the “newest fictional shape-shifting monster.” The case was the first opioid lawsuit to ever go to trial in the United States. Johnson & Johnson is represented by O’Melveny.

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