Defense Counsel Journal: IADC Amicus Briefs-Volume 88, Number 1.

Volume 88, No. 1

April 26, 2021

IADC

The IADC amicus curiae program has been active in recent months. The following brief was filed by the IADC since the last Defense Counsel Journal issue:

TN Supreme Court Holds District Attorneys General Lack Standing Under DDLA in Opioid Lawsuit (12/17/2020)

On December 17, 2020, pharmaceutical companies gained a rare victory in the defense of opioid litigation. In Effler et al v. Purdue Pharma, L.P. et al, the Tennessee Supreme Court held that seven Tennessee District Attorneys General ("D.A.s") lacked standing under the Tennessee Drug Dealer Liability Act ("DDLA") to sue pharmaceutical companies who manufactured opioid medications. The initial lawsuit was filed in 2017 against several pharmaceutical companies, Teva Pharmaceuticals USA, Endo Pharmaceuticals, Inc., Endo Health Solutions, Inc., Mallinckrodt, LLC, Purdue Pharma, L.P., Purdue Pharma, Inc., and The Purdue Frederick Company, Inc. The Complaint alleged that the pharmaceutical company defendants are illegal drug dealers under the Tennessee Drug Dealer Liability Act, a statute that is based upon a model act adopted by states across the country. The Court held that the District Attorneys General, who sought to sue on behalf of cities and counties who were not parties to the litigation, lacked standing to sue under a straightforward reading of the...