City of Huntington, West Virginia and Cabell County Commission v. AmerisourceBergen Drug Corporation, Cardinal Health, Inc., and McKesson Corporation


(W.V., filed May 20, 2024): Arguing that public nuisance traditionally has been limited to conduct that interferes with the use of real property.  The attempted expansion of public nuisance to claims against product manufacturers is designed to evade product liability law and regulatory law.  Additionally, the proposed expansion of public nuisance law is void for vagueness under due process principles.  To be liable for public nuisance, a defendant must exercise sufficient control over the source of the interference with the public right.

Case not yet decided

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