Commission authorizes law firm to narrow Express Scripts claims to public-nuisance counts
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Summary
Commission authorized the county’s counsel to allow Skinner Law Firm to dismiss other claims in the Express Scripts litigation while retaining the public-nuisance claim to facilitate negotiations, following recent appellate guidance that sustained a nuisance theory.
County legal counsel reported that Skinner Law Firm, which represents the county in opioid-related litigation, requested permission to dismiss multiple claims in the pending Express Scripts case while preserving the public-nuisance claim. Counsel said the Fourth Circuit has since recognized public nuisance as a viable theory for opioid-related county damages, and narrowing the pleadings to the public-nuisance count would help move negotiations forward.
The request was presented as a litigation strategy: drop lesser or overlapping claims without prejudice and proceed on the public-nuisance theory the firm believes is strongest. Commissioners asked for clarification of the request and whether any document needed the president's signature; counsel indicated the action was directional and no immediate document was required. A motion to authorize the law firm to dismiss other claims except for public nuisance was moved and seconded and approved by voice vote.
The commission did not detail the dismissed claims by name in the meeting transcript; it recorded authorization of the firm's request and delegated authority to manage the litigation posture accordingly.