Florida Attorney General Takes Opioid-Related Lawsuits to Supreme Court
Battle Over Settlements of Undesirable Implications
Attorney General Ashley Moody has taken her fight about whether hospital districts and school boards can pursue opioid-epidemic lawsuits to the Florida Supreme Court after losing at an appeals court. This move could have significant implications for the state’s recovery efforts from the opioid crisis.
Lawsuits and Settlements
Moody’s office has reached settlements with the pharmaceutical industry, which have resulted in releases of claims filed by local governments. Some of these settlements were part of multi-state litigation, while others were the result of a lawsuit filed by the attorney general’s office in Pasco County. Moody’s office has argued that these settlements would provide funding for opioid treatment, prevention, and recovery services.
Appeals Court Ruling
A panel of the 1st District Court of Appeal in August rejected Moody’s arguments that she had the power to enter settlements that would effectively trump separate lawsuits by local government agencies. The appeals court also turned down a request to certify a "question of great public importance" to the Supreme Court.
What’s at Stake
The dispute is not just about money. Moody’s office is seeking to prevent local government agencies from recovering damages from the drug distributors, manufacturers, or pharmacies related to treating patients or educating children affected by the epidemic.
Florida Supreme Court
Moody’s office has filed a series of notices that are a first step in asking the Supreme Court to take up the issue. These notices do not detail the arguments that Moody’s office will make at the Supreme Court.
Consequences of Losing
The state of Florida stands to lose at least $87 million in "incentive" payments, according to a document filed at the appeals court. Furthermore, Moody’s office has contended that "far more funding is at stake: For every dollar a (local government) subdivision recovers against the opioid defendants, an equal amount is subtracted from the state’s recovery.
Conclusion
The Florida Supreme Court’s decision will have significant implications for the state’s ability to recover from the opioid crisis. The fate of the local government agencies’ lawsuits against pharmaceutical companies hangs in the balance.
Frequently Asked Questions
Q: What is the issue at hand?
A: The issue is whether hospital districts and school boards can pursue opioid-epidemic lawsuits after Attorney General Ashley Moody reached settlements with the pharmaceutical industry.
Q: What are the stakes?
A: The state stands to lose at least $87 million in "incentive" payments and potentially hundreds of millions of dollars in opioid relief.
Q: What is the Supreme Court’s role in this case?
A: The Supreme Court will decide whether to take up the issue and rule on the matter.
Q: What are the local government agencies seeking in their lawsuits?
A: The agencies are seeking to recover costs from drug distributors, manufacturers, or pharmacies related to treating patients or educating children affected by the epidemic.
