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May 03, 2022 | New York Law Journal

Cognitive Awareness as a Prerequisite for Damages Under PHL 2801-d

New York Public Health Law §2801-d provides a private cause of action for nursing home residents injured as a result of any deprivation of their rights that cause an injury. This article addresses the question of whether a PHL 2801-d claimant must demonstrate some level of cognitive awareness that he or she was deprived of the right as a prerequisite to recover noneconomic damages. The First and Third Departments of the Appellate Division split on this issue in decisions handed down in 2021. The First Department answered "yes," and the Third Department "no."
8 minute read
April 26, 2022 | The Recorder

'We Are Not Purdue.' Drugmakers Deny Blame for San Francisco's Opioid Crisis

San Francisco's opioid trial began this week with two days of opening statements. "Today's opioid crisis would not have occurred without the paradigm shifts caused by defendants and others in the pharmaceutical industry," said Richard Heimann, a lawyer for San Francisco.
7 minute read
April 20, 2022 | The Recorder

San Francisco's Opioid Trial Starts Monday. One Defendant Already Settled.

San Francisco City Attorney David Chiu, at a press conference on Wednesday, said drug companies "flooded San Francisco with prescription opioids," creating a public nuisance. One defendant, Endo, settled for $10 million.
4 minute read
April 19, 2022 | New York Law Journal

James Announces First Distribution of Opioid Settlement Money, Sending $80 Million Around the State

New York AG Letitia James made five separate announcements Tuesday to discuss the money headed to different areas of the state this year, including $49 million to Long Island and smaller amounts to the Finger Lakes Region, the Capital Region, Western New York and Central New York.
3 minute read
April 11, 2022 | Daily Business Review

'Pharmacies Were Lied To.' Walgreens Cites Florida AG's Own Words in Opioid Trial

In an opening statement on Monday, Walgreens attorney Steven Derringer cited statements on the attorney general's office website in 2018 and 2019 that drug manufacturers, such as Purdue Pharma, misrepresented the risks of opioids to pharmacies. "We agree with the attorney general about this," he told jurors, according to a broadcast by Courtroom View Network.
3 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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April 07, 2022 | Daily Business Review

Moody Sues Hospitals, School Board Over Opioid Cases

Attorney General Ashley Moody's office is seeking a ruling from a Leon County circuit judge that it has the power to essentially override "subordinate" claims by the hospital systems and the school board.
3 minute read
April 04, 2022 | Law.com

West Virginia Bench Trial Opens Over the Opioid Crisis

Three drug companies that won a California bench verdict last year in one of the first opioid trials in the nation went to trial on Monday against West Virginia.
4 minute read
April 04, 2022 | The Legal Intelligencer

Morgan Lewis Lawyer Defends Drugmaker as New Trial Over Opioid Crisis Begins

Three drug companies that won a California bench verdict last year in one of the first opioid trials in the nation went to trial on Monday against West Virginia.
4 minute read
March 31, 2022 | Daily Business Review

Florida Secures $860M From CVS, Others to Settle Opioid Case

Florida's attorney general said the money from CVS will be divided between the state and Florida cities and counties, which were beset by opioid overdoses and illicit drug use during the "pill mill" epidemic of a decade ago.
3 minute read

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