Page 124 - Nuisance News Today

Prosecutor who has prosecuted pharmaceuticals in several cases. so, why is this such a big deal? >> is a ground breaking case, harris. the point is many of the cases, i was in firms positions, nurses come in a criminal context. they are sing the pharmaceutical company is responsible for all of the devastation that occurred, because they violated public nuisance laws. specifically, by advertising incorrectly. minimizing the risk of ingesting these pills. >> harris: so these things at the end of a...

Opiates have a health benefit. it may be outweighed in the future by the risk of abuse but the question here is did the marketing campaign by the drug manufacturer cause, make, result in these doctors writing the scripts that resulted in this addiction. its a novel application of a public nuisance theory of liability and while the pharmaceutical company should be very concerned, at the same time they have a pretty good legal argument. >> do they have to establish that the drug companies misled o...

Give rise to a legal controversy such that he might be able to sue over it in court. >> dana: well see what happens to him. so many -- we scrolled through the charges against him. hes got a lot going on. i want to ask about this case in oklahoma where johnson & johnson is being taken to task by the state of oklahoma about opioids. take a listen to the attorney general of oklahoma on this. >> public nuisance. that theory, common law and statutory, is designed to protect the people in a community ...

Muted, discouraged, maybe not quite as enthusiastic black base to the democratic party come election day. >> smartest annualysis poinnuaa point that ive heard. >> im interested whether anita hill, the way he conducted those hearings and the 94 crime bill. bernie sanders also voted for the 94 crime bill, he was vocal about his concerns saying im doing this largely because of the violence against women act portion of it and funding for that. how much would that be an achilles heel for biden or may...

After that breaking news from the supreme court, lets get back to what could be a precedent setting case in the opioid epidemic. ann mel gran is here. -- you think of big tobacco and you have quite a lens on that. johnson & johnson is on trial today. f its going to be on television. its a bench trial and the question is did they violate the public nuisance law in contributing to the opioid epidemic? >> right. i mean, this is fascinating. first of all r, the two top producers that were about to b...

One of the key parts was the fraud, the fact that the companies knew the cigarettes were addictive. >> years of data. >> and they marketed it as though that were not the case. here they dismissed the fraud cases from johnson & johnson, justice bringing the public nuisance. did they market things in a way that was harmful to the public, and there has to be, you know, theyre going to have to prove some -- it feels weird just to say you did something that complied with the fda, and now were going t...

Nuisance. that doesnt sound like anything major but it is. >> it is a novel theory holding companies liable for things that cause damage, like openeioids o tobacco. >> sounds like loud music. >> something that violates the publics right, not the public interest. theres a difference. if a public nuisance theory is applied to public interest, deprivation of public interest, thats a huge category. traditionally thats not what it was used for. thats what you honed in on. when somebody plays music to...

In, how strong is their case, and second, this is a really novel way to think about the law. when you think about public nuisance, you think about sound, noise, people putting up garages in place where theyre not allowed to put them up. you dont think about marketing of narcotic products, so the judge is obviously allowing to to go forward in oklahoma. a judge in another state did not allow it to go forward so i think there are real legal issues surrounding this. >> lets talk about the behaviors...

Fight it. 775 people died of opioid overdoses in oklahoma in 2017. how will they make their case in front of the jury? >> there is no jury. this is a drug trial and it makes sense. if you put a case in front of a judge and you take a jury out of it, you take the emotional aspect out. there is not a person that i know of myself included who doesnt know someone whos been personally affected by the opioid crisis. to be sure, it is a crisis. this is not like youre going after her doctor and saying y...

>> weve seen multiple wall projects. its a steel fence, identical to the other wall projects going in. maybe in some cases even better because -- i believe go but the standard is fine. >> harris: for those critics, theyve got their answer. by the way, william la jeunesse is becoming an expert on this. hes been to everything they put together. william, thank you very much. a historic trial begins today in oklahoma. they are set to face off with johnson & johnson. over the opiate crisis. the attor...