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CHARLESTON – As the trial date looms next week, a federal judge again has denied motions for summary judgment from the defendant opioid distributors. On April 28, Senior U.S. District Judge David A. Faber denied a motion for summary judgment regarding nuisance filed by the defendant companies AmerisourceBergen, Cardinal Health and McKesson. He also denied their motion for summary judgment on proximate causation grounds and McKesson's motion for dismissal on derivative sovereign immunity grounds. He also denied a motion filed by plaintiffs Cabell County Commission and the City of Huntington ...
CHARLESTON – As the trial date looms next week, a federal judge again has denied motions for summary judgment from the defendant opioid distributors. On April 29, Senior U.S. District Judge David A. Faber denied a motion for summary judgment on the grounds that the plaintiff municipalities can't prove the "fault" element of their public nuisance claim. That motion had been filed by the defendant companies AmerisourceBergen, Cardinal Health and McKesson. The plaintiffs are the Cabell County Commission and the City of Huntington. "Plaintiffs proceed in this case on a single cause of action: p...
CHARLESTON – As the trial date looms next week, a federal judge again has denied motions for summary judgment from the defendant opioid distributors. On April 29, Senior U.S. District Judge David A. Faber denied a motion for summary judgment on the grounds that the plaintiff municipalities can't prove the "fault" element of their public nuisance claim. That motion had been filed by the defendant companies AmerisourceBergen, Cardinal Health and McKesson. The plaintiffs are the Cabell County Commission and the City of Huntington. "Plaintiffs proceed in this case on a single cause of action: p...
CHARLESTON – A class-action lawsuit has been filed related to Tuesday’s explosion at a Kanawha Valley chemical plant that left one man dead, others injured and an entire area rocked by the blast. Erica Powell of Chesapeake is the named plaintiff in the complaint filed December 10 by Charleston attorney Rusty Webb against Optima Belle Inc. Optima was operating as a tenant inside the Chemours plant in Belle. The explosion was caused by chlorinated dry bleach and methanol. “Ms. Powell was literally shaking today thinking about the blast,” Webb told The West Virginia Record after he file...