The recent decision by Maine's highest court is part of a trend of state courts dismissing public nuisance claims against opioid makers and sellers.
In recent years, state courts have rejected efforts to extend public nuisance law to cover the sale, marketing, and selling of FDA-approved prescription opioid medications. These include supreme courts in Oklahoma and Ohio, and a trial court in Alaska. See e.g., State ex rel. Hunter v. Johnson & Johnson, 499 P.3d 719, 731 (Okla. 2021) ;, 499 P.3d 719, 731 (Okla. 2021) ;In re Nat'l Prescription Opiate Litig., 2024 WL 5049302 (S. Ct. Ohio, Dec. 10, 2024) ; State v. Walgreen Co., 2024 WL 1178352 (Alaska Super. Ct. Mar. 1, 2024).
On February 6, 2025, the Maine Supreme Judicial Court became the latest state supreme court to follow this trend. E. Maine Med. Ctr. v. Walgreen Co., 2025 ME 10, ...
