4th Cir. Certifies ‘Public Nuisance’ Question to W. Va. High Court in Opioid Distribution Case

RICHMOND, Va. — The 4th Circuit U.S. Court of Appeals has asked the West Virginia Supreme Court of Appeals to decide whether conditions caused by the distribution of a controlled substance such as opioids constitute a public nuisance.

In a March 18 published opinion, the appellate panel also asked the state’s high court to define the elements of such a public nuisance claim, if it finds that one exists.

The City of Huntington, W. Va., sued opioid distributors AmerisourceBergen Drug Corporation, Cardinal Health, Inc., and McKesson Corp. in 2017, alleging they “created, perpetuated, and maintained” the opioid epidemic by repeatedly …