Delaware AG Can Pursue Fraud Claims Against Opioid Makers

Law360 — Delaware can move ahead with a case calling out drug manufacturers for downplaying the addictive nature of opioids, the state’s Superior Court ruled Monday, though it cut out claims against two major pharmacy chains as well as accusations of civil conspiracy.

The Superior Court refused motions to dismiss claims of consumer fraud and negligence against drugmakers Purdue Pharma LP and Endo Pharmaceuticals Inc., as well as those against distributors McKesson Corp., Cardinal Health Inc., AmerisourceBergen Corp., Anda Pharmaceuticals Inc. and H.D. Smith LLC.

The state of Delaware is represented by Ryan P. Newell, Shaun Michael Kelly and Kyle Evans Gay of Connolly Gallagher LLP, Richard W. Fields of Fields PLLC, Scott Gilbert, Richard Shore, Mark Packman, Jenna Hudson, Michael Rush, Monique Abrishami and Richard Leveridge of Gilbert LLP, and Kathleen Jennings and Michelle Whalen of the Delaware Department of Justice.

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Gilbert LLP is a Washington-based law firm specializing in litigation and strategic risk management, insurance recovery and complex dispute resolution.