North Dakota Judge: State’s Purdue Pharma Case Is Preempted, Too Attenuated

Mealey's (May 21, 2019, 9:54 AM EDT) -- BISMARCK, N.D. — A North Dakota state court judge on May 10 dismissed the state’s opioid nuisance lawsuit against OxyContin maker Purdue Pharma L.P., finding the state’s claims preempted by federal law, that the causal connection with the opioid epidemic is too attenuated and that the state’s public nuisance law cannot be applied to drugs (North Dakota, ex rel. Wayne Stenehjem, et al. v. Purdue Pharma L.P., et al., No. 08-2018-CV-01300, N.D. Dist., Burleigh Co.)....

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