In this edition of the Case Law Monitor by the Legislative Analysis and Public Policy Association, key legal cases and developments highlight ongoing challenges and progress in public health, substance use disorders, and the criminal justice system.

A significant legal battle unfolds in the Southern District of New York, where 18 defendants face charges for operating a fake online pharmacy scheme, distributing counterfeit pills laced with fentanyl and methamphetamine. This highlights the persistent threat of illicit drug markets exploiting vulnerable individuals. The US Drug Enforcement Administration has noted an increase in illegal online pharmacies selling such counterfeit pills.

In Florida, a Court of Appeals ruling prevents the Attorney General from blocking opioid-related lawsuits filed by state subdivisions, ensuring that local entities can pursue claims for unique damages from opioid manufacturers.  The State of Florida will receive $205.7 million in the first year through the Opioid Settlement to support communities across the state. 

Colorado courts support harm reduction efforts by ruling against Pueblo City Council’s ban on syringe exchange programs, affirming state law that permits such initiatives to combat substance abuse effectively.

The Fourth Circuit revives a case of wrongful termination involving substance use disorder counsellors, underscoring the legal complexities surrounding employment rights and professional conduct in treatment settings.

In another ruling, the Seventh Circuit dismisses a forced labour lawsuit against the Salvation Army, differentiating between voluntary rehabilitation program participation and coercion claims.

Mississippi and Kentucky take legal action against pharmacy benefit managers, accusing them of exacerbating the opioid crisis through lax controls and deceptive practices. These lawsuits underscore the broader accountability efforts targeting various stakeholders in the opioid epidemic.

Meanwhile, Baltimore secures substantial settlements with pharmaceutical giants like Cardinal Health, Teva, Walgreens, and Johnson & Johnson, reinforcing the city’s commitment to using these funds for opioid remediation and community support.

Lastly, the ongoing Purdue Pharma bankruptcy proceedings see Utah resuming legal action against Richard Sackler, seeking accountability for the deceptive marketing of OxyContin.

These cases collectively illustrate the dynamic legal landscape addressing substance use disorders and public health, with courts and governments striving for accountability and effective policy implementation.

These legal cases show that tackling substance use problems is not just about health, but also about justice. As the courts work through these issues, they help make sure those responsible are held accountable and that policies actually help the communities in need.

Source: LEGISLATIVE ANALYSIS