Albertsons Loses Bid to Dismiss Washington Opioid Case Midtrial

A Washington state judge has denied Albertsons’ attempt to end the state’s opioid lawsuit before the conclusion of trial, allowing the case against Albertsons and its Safeway subsidiary to move forward.

King County Superior Court Judge Janet Helson ruled on August 27 that Washington had presented sufficient evidence for the case to continue. The bench trial began July 13 and is expected to continue into mid-September, with Albertsons now presenting its defense.

Washington’s Opioid Case Against Albertsons

Washington alleges that Albertsons and Safeway failed to adequately investigate or report suspicious opioid prescriptions over a period spanning nearly two decades. The state argues that those practices allowed prescription opioids to be diverted and contributed to the opioid crisis in Washington.

Albertsons denies wrongdoing and maintains that its pharmacies were filling valid prescriptions during a period when opioids were widely prescribed for pain treatment.

The state rested its case earlier this month. Albertsons then filed a motion on August 18 asking the court to dismiss Washington’s public nuisance and Consumer Protection Act claims before the defense presented its case.

Judge Helson declined to do so.

In explaining her decision, the judge considered whether a reasonable fact-finder could determine, based on the evidence presented, that Washington was entitled to relief. She concluded there was sufficient evidence for the case to continue. The ruling does not determine whether Albertsons is ultimately liable, with Judge Helson saying she will issue a judgment after hearing all of the evidence.

Washington’s Proposed Opioid Abatement Plan Remains in Case

The court also addressed Washington’s proposed $44 billion opioid abatement plan, which is intended to address harms associated with the opioid crisis.

Judge Helson ruled that the plan is, as a general matter, an appropriate potential remedy. However, the ruling does not mean Albertsons would ultimately be ordered to pay $44 billion.

If the court finds Albertsons liable, Judge Helson said she would consider the evidence and determine what portions of an abatement remedy are appropriate.

Levin Papantonio Attorneys Represent Washington

Levin Papantonio attorneys Peter Mougey and Jeffrey Gaddy are representing the State of Washington alongside attorneys from the Washington Attorney General’s Office and other law firms.

The case is Washington v. Rite Aid Corp. et al., Case No. 22-2-20910-1, in King County Superior Court.

The trial is expected to continue through September.

Source: Law360

Related Pages

• Albertsons’ $774 Million Opioid Settlement Signals Continued Accountability for Pharmacy Chains
• Levin Papantonio’s leadership in national opioid litigation
• Reuters Highlights Washington Albertsons Opioid Trial Following National Settlement
• Expert Links Prescription Opioid Supply to Washington’s Addiction Crisis