Well take the gains across the board. Were awaiting a opioid trial that is taking place in oklahoma t could be the biggest ruling in history. That is why were watching it closely. A judge is expected to rule any second whether Johnson Johnson is responsible for the states Opioid Crisis. That could have major repercussions for the Opioid Crisis pgh kristina we have fox team coverage. What is going down . The president shifted his tone from friday where he announced he would raise tariffs from 550 billion in chinese goods on friday to today where he says he wants to calm reachly a deal with china after their vice premier signaled they would be ready to get back to the negotiating table. Trump said it is possible extra tariffs before the weekend could be delayed if these talks make progress. Were down on the floor, lower than the floor. Cant make a 50 50 deal. This has to be better for us. If it is not better, lets not do business together. We have to balance our trading relationship at least to an extent and they were unwilling to do that. Well never have a deal if that happens. Reporter the president says this is the first time he thinks that talks are starting between the two delegations on proper terms and he thinks that china really does want to make a deal. He told fox newss john roberts he thinks china is sincere because theyre feeling a squeeze economically through job losses and paying the price of these tariffs but trump says he is not going to settle for a bad deal. He thinks u. S. Businesses are still sending off the brunt of this trade fight. Treasury secretary Steve Mnuchin says he and ambassador lighthizer are looking forward to restarting to negotiations with the chinese delegation but we dont have a time frame yet when these face to taste talks will begin. Kristina. Kristina thank you, hillary. Jackie deangelis is at the new york stock exchange. You saw the stocks soar after the president said china wants to talk about trade. Reporter you saw them soar in the last couple minutes of trade on this optimism, pausing, if you will, maybe there will be progress made here. The president said the chinese want to come back to the negotiating table. The chinese issued a statement saying they want some sort of a peaceful resolution. The markets like that, closing 269 points higher. Along for the ride, stocks with chinese exposure. Nike, apple. Goldman sachs trading higher. Walt disney was higher. Travelers was a dow winner. I want to draw your attention to tesla shares. Reports are out that tesla will be raising prices in china as a result of all of the trade friction that weve seen on friday, sooner than the company planned. This is according to people familiar with the matter. There is also folks out there that say, possible that tesla will hike prices again in december. Should we see the tariff escalation continue. You can see shares of tesla were up on this positive momentum. 1. 7 . Guys back over to you. Kristina thank you, jackie. Connell lets bring in the market panel. Adam lashinsky joins us, and adam a fortuned tore and Fox News Contributor. We have the axios reporter here as well. It is worth pointing out for those who werent following for the weekend, adam, we were set for another day today. Stocks futures showed us that as well. Is there anything more to today other than President Trump decided he didnt want to see a down day after what we saw on friday . What do you read into it . I think you have framed it, the question and answer, connell, absolutely per perfectly to it. Not only less than. I pity investors there is nothing here. The president says he thinks the chinese were sincere. A few months ago he thought president xi was his bus does some buddy. Good bus is better than bad news. Connell uncertainty he brought to the markets with his comments and tweets, he literally threw his hand up in the air, sorry that is the way i negotiate. Does that mean these times are not changing anytime soon . If you lookwatched online, the editor of the global times, the china whisperer, the guy who had it right about china, for the past few months he says look there ising into new happening here. In fact the talks that President Trump talks about were not going on. He is just saying what he wants you to hear. Dont listen to him. The fact the market didnt take anything from that, maybe moved downward, investors are out here on a wing and a prayer buying dips whenever they can, expecting this thing will still find a resolution despite what the facts may say. Kristina i want to continue this conversation, finding a compromise. French president Emmanuel Macron saying today the france and United States reached a good deal on the european countrys digital tax. France will get rid of the national tax, with International Tax on Digital Services is enacted. France earlier this year implement ad 3 tax that would affect Large TechnologyCompanies Like google, facebook, amazon. Adam, start with you. The fact that the digital tax will be in place, but france will reimburse the difference between the planned mechanism by the oecd, down that mean that maybe the United States is still giving in to the digital tax . 100 . The administrations goal was this was somehow antiamerican because the Biggest Digital Companies are american, which is true but there you have it, these countries are sovereign nation and the ability to impose taxes, and they have one. There is nothing we can do other than not to pay their taxes. Connell adam, we have breaking news now. Go ahead, kristina. Kristina an oklahoma judge delivering his ruling in the states multibilliondollar lawsuit, worth about 17 billion against Johnson Johnson. Grady trimble has the verdict. Reporter the lawsuit was seeking 17 billion in damages. The judges ruling was not anywhere near that, he awarded 572 million to the state. Based on evidence over the eightweek trial, that is what he is able to give to help abate the opioid problem, specifically in the state of oklahoma. Now the state had claimed that the company was a public nuisance and that it used aggressive marketing that downplayed the risk of opioids and flooded the market with these painkillers. It even called Johnson Johnson an opioid kingpin. The company denied wrongdoing but obviously with this ruling you can see that the judge wants to do something. He did fine they are liable but he just didnt offer the ruling that the state was hoping for. So this does set a precedent because two other Drug Companies settled with the state of oklahoma for far under 500 million. So it is still a lot of money that will go a long way curbing the epidemic if it is used like the state has said, for drug treatment programs and addiction prevention type programs but it is nowhere near the 17 billion they were hoping for, but there are still lots of lawsuits in limbo right now. They are pending and theyre before a federal judge, 20 00 of them. That judge is encourage each of the lawsuits to settle. Looked like this they might press their luck to get a higher number with a trial. There are a lot of legal costs that go along with it. Whether it is worth it in the end hard to say because they didnt get anywhere near the 17 billion. Kristina grady, thank you for breaking it down, grady trimble. We have our new panel, dr. Marc siegel, nyu professor and Fox News Contributor and an jennifer who is attorney, and independent womens forum law and. Give the verdict, what does this mean for other states pursuing or going after pharmaceutical companies . Im thinking right away ohio. Sorry. That was for jennifer. It has wideranging implications for the other cases against opioid manufacturers but also for other makers of legal products that can sometimes cause harm. For example, this case was brought under the public nuisance theory. It was essentially a creative use of the law to argue that the companies should pay for government costs of a Public Health crisis. So we also have obesity crisis in this country, right . So what i would expect to see next is states going after mcdonalds, cocacola, the makers of other unhealthy food and drink products, suing them for the Public Health costs of obesity because that is essentially what this judge allowed the state of oklahoma to do. In my view it was quite lawless, and it will be the consumers who pay the price ultimately. Kristina dr. Siegel, if we touch on what jennifer said, do you believe, if we go after pharma we have to go after every Single Corporation or do you believe this is much different issue given that 219,000 deaths for opioid prescriptions over past 20 years, 40,000 that involved opioid drugs in general, so what do you think, given that youre working within the medical field . I understand jennifers point, it is elegantly stated where do you draw the line but i actually disagree with it. I think they used a term public nuisance but i actually think it is more of a Public Health issue here. Im glad they set this precedent, even though you know, the money that was awarded here is a lot less than was asked for, maybe not enough of a disincentive, still the most that has been awarded so far. When purdue and teva settled they settled for a little over 300 million. This is now 570 million. Hopefully the money will be used over the next several years for prevention programs and intervention programs. Face it my view we know that it wont. We know from the Tobacco Settlement that isnt going to happen. The state of alaska used tobacco money to build public docks. New york used it to build a Sprinkler System for a public golf course. State of North Carolina used tobacco money to pay tobacco farmers ironically. All this is not going to go all of this is true but those settlements that purdue and teva made look like they are going in the right direction. Youre right the state has the ability to lateralize any money. Medicaid money can be used for building bridges. We can talk about this all day long. Thats what they will do. With a public spotlight on the opioid epidemic, having been called a national emergency, i think you have to hold the drugmakers accountable. Were holding physicians accountable. Were clamping down on physicians prescriptions. Were holding pharmacies accountable. Were starting to move the needle in the right direction. This is the right kind of verdict. I agree with you that is full of potholes this is far different than the opioid epidemic. It is absolutely a Public Health crisis. There is no question about that, there is not a Single Person i know that doesnt know somebody who has not been touched by this crisis and it needs to be addressed. It is being addressed. As a matter of law Public Health crisis is not the same thing as public nuisance. But this drug company willfully in my opinion, knew what they were doing. There were drug ads sleep a better night with this drug. Completely misusing what opioids were intended for. Physicians were wined and dined. Physicians sent on say cases. Kristina to your point the pharmaceutical Companies Argue that is not the case because they abided by fda rules. Is this a problem with the fd and a lack of overnight over there . That is part of it, kristina. Clearly the rules changed and rules are changing. Youre right, it is hard to roll back the clock and there is a lot of evidence, this judge, they looked at this evidence, there is a lot of evidence that the pharmaceutical companies knew what they were doing. They claimed in this trial the public new too. I dont think the public knew. I dont think my patients it was on the labels . On the labels . It is not enough. That is not enough to have a warning on labels . I wish my patients all read labels. I wish they read it carefully. If you see a blaring tv ad, this will help you through a sleepless night and label says caution, that is disconnect we have been trying to get passed. Opioids should not be the first choice for treatment for pain. That is the bottom line. Of the. That may be true but as a legal matter you have to prove causation and there is is a weak causal link between the pharmaceutical manufacturers, doctors, distributors, patients, the choices of the patients. This will get flipped on its heels, as a matter of law, a connecticut judge looked at this, and a connecticut judge said this was causation by conjecture. There was no way as a matter of law you could prove that any one particular Pharmaceutical Company led to a particular result. Its a culture. Kristina argue this is power of money, pharmaceutical companies have so much of it, 46 deaths per day because of opioids, doesnt that tell us something . The law isnt redistributed in that way. The law isnt meant to be a form of taxation by litigation. Whether or not these products should be more severely regulated, whether or not they should be legal, whether or not these companies should be taxed at higher rates, those are Public Policy questions that need to be answered by our elected representatives but the law and the judge is only supposed to determine whether or not these companies caused the state of oklahoma to spend money on particular line items in their budget. That they cannot do. Kristina, i think evidence, again i havent reviewed the whole case, just as a physician should not be overprescribing opioids to a patient that doesnt need them. Many have gone to jail. Not enough by the way. Likely not enough. I believe there was a culture of misinformation here that led to people being harmed. That led to people overdosing that led to people being hospitalized. I believe the drug manufacturers were involved, pharmacists were involved and physicians were involved. Im up here saying it is not just the pharmaceutical companies, of course not. It resides primary in the doctor that signed Prescription Pharmaceuticals misinformed physicians im aware of it. Im glad they will be held accountable. Will they appeal. Absolutely. If they win their appeal, doesnt necessarily mean justice has prevailed either. It might be power that prevailed. Kristina thank you both for such an animated debate. Point out Johnson Johnson shares are climbing higher in afterhours. Connell they are, that is important. Good discussion on a breaking news story. Investor clearly think it could have been worse for j j. Be that as it may lets continue with coverage for markets. Oil is down. That is four sessions in a row. Phil flynn joins us from chicago with details on the trade today. What happened . It really was. When you saw the markets opened sunday night, we were worried about g7 trade wars. Then a phone call from china, prices opened a dollar higher. Looked like the market started to go up, oil demand expectations rise, so did the price of oil. Later in the day as the press conference from on emmanuel macn along with President Trump talking about possibility of having talks with iran sent oil prices down. Why is that . Because Everybody Knows that iran has a backlog of oil right now f there is any slight possibility that that oil could be released backs on to the market it will be a very bearish event for oil. Of course President Trump says that the talks have to be under the right circumstances and of course we heard back from iran their Ballistic Missile program is off the table. So the talks are still going to be very rocky. Oil traders will be very cautious right now. Look at gold today, another big day. Risk on over the weekend, blew up. It was up over 20 on the opening. Came all the way back down. So were definitely seeing some optimism in gold that the u. S. China trade talks are going to go on. You never know in the middle of the night we could get another phone call that could change everything. Connell or a tweet. Phil flynn in chicago. Kristina you never know. A possible meeting between the United States and iran. French president Emmanuel Macron attempting to arrange a sitdown for the two nations as tensions remain high but will President Trump ultimately agree to the terms . Talk about that, plus beware of unknown numbers. Scam hitting phone lines targeting elderly on medicare. 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