In an article published by the Washington Legal Foundation on Dec. 15, Nelson Mullins partner John Kalas and associate Matthew Abney analyze a recent Fourth Circuit decision applying West Virginia law that expands public nuisance liability by allowing claims against opioid distributors for an alleged oversupply. The article examines the court’s reasoning, the potential impact beyond opioid litigation, and key defensive strategies for manufacturers and distributors facing similar claims.

“Nothing in [the West Virginia Supreme Court’s] jurisprudence indicates that public nuisance under West Virginia law should be restricted by carving out any product-based harm,” the authors wrote. “Under the court’s ruling, all manner of product manufacturers and distributors could be potentially liable for public nuisance so long as the plaintiff can demonstrate a known harm flowing from the product.”

Read the full article here.