Prescott’s lawsuit over opioid crisis expected to be heard in Yavapai County Superior Court

Members of the Prescott City Council listen to a report about the opioid crisis during a February meeting. On Wednesday, Aug. 7, 2019, the City of Prescott announced that the Arizona District Court had agreed with the city that the case should be heard locally. A lawsuit against big pharmaceutical companies was filed in Yavapai County Superior Court in April 2019. (Cindy Barks/Courier, file)

Members of the Prescott City Council listen to a report about the opioid crisis during a February meeting. On Wednesday, Aug. 7, 2019, the City of Prescott announced that the Arizona District Court had agreed with the city that the case should be heard locally. A lawsuit against big pharmaceutical companies was filed in Yavapai County Superior Court in April 2019. (Cindy Barks/Courier, file)

Despite an effort by defendants to move the City of Prescott’s lawsuit against opioid manufacturers to an Ohio courtroom, the case appears to be headed back to Yavapai County Superior Court.

In a news release Wednesday, Aug. 7, the City of Prescott announced that the Arizona District Court had agreed with the city that the case should be heard locally.

After the lawsuit against big pharmaceutical companies was filed in Yavapai County Superior Court in April 2019, one of the defendants removed the case, arguing that it should be tried in the Multidistrict Litigation that is now pending in Ohio federal court, according to the news release from the city.

Two other defendants filed a motion to stay the case in the Arizona District Court, asking that court not to decide the matter so the case would be transferred to the Ohio court.

“The city opposed the motion to stay, because it wants to seek justice right here in Yavapai County, and did not want the case languishing in a far-away federal court,” the City Attorney’s office said in the Wednesday news release.

On Friday, Aug. 2, the Arizona District Court granted the city’s motion to send the lawsuit back to state court (Yavapai County Superior Court).

“Fortunately, the court saw through the defense tactics, granted the city’s motion to remand, and denied the defendants’ motion to stay, sending the city’s lawsuit back to state court where it belongs,” the City Attorney’s office added.

The case originated with a February 2019 motion by the Prescott City Council to pursue a civil lawsuit “against those responsible for the wrongful manufacture and distribution of prescription opiates …”

At that time, the City Council retained a team of outside attorneys – led by Arizona firm Fennemore Craig and including the Theodora Oringher PC firm – to work with the Prescott City Attorney’s office to file the suit. (The city has stated that the legal team was retained at no expense to the city or its taxpayers).

The lawsuit, which was filed in Yavapai County Superior Court on April 23, listed more than a dozen defendants, including major pharmaceutical and distributor companies.

“This case is about corporate greed,” the lawsuit stated. “Simply put, each of the defendants put its desire for profits above the health and well-being of Prescott’s residents. Prescott and its citizens have paid dearly as a result.”

The suit went to say that Prescott’s population was especially vulnerable to the companies’ “sophisticated, manipulative scheme” that was designed to increase the number of opioid prescriptions.

It also mentioned the damage to Prescott’s reputation as a destination city for sober living homes and addiction rehabilitation treatment centers. With a population of about 42,000, the lawsuit noted, Prescott was at one time home to at least 170 sober living homes.

Although that number has since been dramatically reduced to about 30, the lawsuit maintained that the city had to dedicate substantial tax dollars “to restore its once sterling reputation as one of the most desirable communities in all of Arizona.”

Wednesday’s news release said the city was “looking forward to the upcoming early meeting of counsel, appearing soon before the Honorable John Napper of the Yavapai County Superior Court, and preparing our case for trial there.”

Follow Cindy Barks on Twitter @Cindy_Barks. Reach her at 928-445-3333, ext. 2034, or cbarks@prescottaz.com.

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