In re: National Prescription Opiate Litigation. Trumbull County, Oh v. Walgreens Boots Alliance, Inc., Walgreen Company, Walgreen Eastern Co., Inc.

Nos. 22-3750, 22-3751, 22-3753, 22-3841, 22-3843, 22-3844
File Name: 25a0058n.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
IN RE: NATIONAL PRESCRIPTION OPIATE
LITIGATION.
TRUMBULL COUNTY, OH; LAKE COUNTY,
OH; and PLAINTIFFS’ EXECUTIVE
COMMITTEE,
Plaintiffs-Appellees,
v.
WALGREENS BOOTS ALLIANCE, INC.,
WALGREEN COMPANY, WALGREEN
EASTERN CO., INC.; CVS PHARMACY, INC.,
OHIO CVS STORES, LLC, CVS TENNESSEE
DISTRIBUTION, LLC, CVS RX SERVICES, INC.,
CVS INDIANA, LLC; and WALMART, INC.,
Defendants-Appellants.
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ORDER
ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF OHIO
BEFORE: BATCHELDER, GRIFFIN, and BLOOMEKATZ, Circuit Judges.
We certified to the Ohio Supreme Court a controlling question of law in this matter:
“Whether the Ohio Product Liability Act, Ohio Revised Code § 2307.71 et seq., as amended in
2005 and 2007, abrogates a common law claim of absolute public nuisance resulting from the sale
of a product in commerce in which the plaintiffs seek equitable abatement, including both
monetary and injunctive remedies?” In re Nat’l Prescription Opiate Litig., 82 F.4th 455, 462–63
(6th Cir. 2023). The Ohio Supreme Court accepted our question, 222 N.E.3d 661 (Ohio 2023),
and has now answered it “in the affirmative,” Slip Op. No. 2024-Ohio-5744, at ¶ 36. More
specifically, the Ohio Supreme Court answered that “all common-law public-nuisance claims

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No. 22-3750, et al., In re: Nat’l Prescription Opiate Litig.
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arising from the sale of a product have been abrogated by the Ohio Product Liability Act,” and that
“the Counties’ claims based on dispensing a product are abrogated.” Id. at ¶¶ 1, 35.
The district court previously concluded to the contrary, and ultimately entered a $650
million abatement order and an injunction requiring defendants to “undertake certain actions to
ensure they are complying fully with the Controlled Substances Act and avoiding further improper
dispensing conduct.” The parties do not dispute that the Ohio Supreme Court’s decision on the
certified question resolves this appeal and that it requires us to reverse the district court’s judgment
as to plaintiffs’ common-law absolute public nuisance claims. We therefore vacate the district
court’s judgment, dissolve the injunction, and remand for further proceedings consistent with the
Ohio Supreme Court’s answer to our certified question.
ENTERED BY ORDER OF THE COURT
Kelly L. Stephens, Clerk

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