Oklahoma Supreme Court Rejected Plaintiff’s View of Nuisance Law
Story Summary: The Supreme Court of Oklahoma has thrown out a major 2019 ruling in an opioid case against Johnson & Johnson worth $465 million. The court ruled that the Oklahoma nuisance law does not extend to the manufacturing, marketing, and sales of prescription opioids. Their decision was 5-to-1 and it found that the company can’t be held liable for Oklahoma’s opioid crisis.
James Wirth Comments: “Another local Oklahoma attorney, James Wirth, said the interpretation of the nuisance statute in this context was a stretch. “Nuisance law had never been used for anything like this and I certainly have concerns with the way it was being used and I believe abused in a case like this,” Wirth said, “Although obviously there are serious issues with the opioid crisis.” Wirth said he feels this is the end of the road for this argument.”
