Over the last decade, governmental plaintiffs have secured tens of billions of dollars in settlements from certain manufacturers, wholesale distributors, and pharmacy operators that allegedly contributed to a nationwide epidemic of opioid use disorder (OUD), a/k/a addiction. Bellwether litigation has centered on expansive “public nuisance” claims—reminiscent of covered pollution and gun violence claims that surfaced decades ago—alleging that defendants throughout the opioid supply chain caused and must remediate widespread OUD by changing their practices and funding the treatment of persons who sustained opioid-related injuries. Encouraged by the settlement leverage opioid claims generated, the plaintiffs’ bar has expanded public nuisance litigation in cases involving climate change, ultra-processed foods, lead paint and, more recently, social media.
