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HomeInsurance LawFIRST-FILED STAYS WHERE IT IS, OPIOID LAWSUITS OR NOT.

FIRST-FILED STAYS WHERE IT IS, OPIOID LAWSUITS OR NOT.


Courthouse  Baltimore  Maryland.  Image courtesy of New York Public Library Collection.(Courthouse, Baltimore, Md./New York Public Library Digital Collections)

In an UNPUBLISHED opinion, with a warning on its face to CHECK COURT RULES BEFORE CITING, the Delaware Superior Courtroom decided {that a}  protection case with respect to Opioid Lawsuits in opposition to CVS will stay pending in Delaware, not less than for now.  The choice is In Re:  CVS Opioid Ins. Litig., Consol. C.A. No. N22C-02-045, 2022 WL 3330427 (Del. Tremendous. Ct. Aug. 12, 2022).

The Courtroom was confronted with two competing lawsuits and a movement to dismiss or keep primarily based on discussion board non conveniens.  The primary lawsuit was filed in Delaware by CVS’s insurers for a declaration that the carriers don’t present insurance coverage protection for indemnity or protection of the Opioid Lawsuits in opposition to CVS.  The Opioid Lawsuits in opposition to CVS are pending in Multi-District Litigation centered within the Northern District of Ohio.  There are additionally some Opioid Lawsuits pending in opposition to CVS in State Courts.

The second lawsuit of concern was a lawsuit filed in Rhode Island by CVS in opposition to its insurers, after the insurers filed their lawsuit in Delaware.  CVS sued in Rhode Island for insurance coverage protection and likewise for alleged insurer dangerous religion.

The Delaware Courtroom dominated that the Delaware case having been filed first, it’s CVS’s burden to determine discussion board non conveniens by exhibiting that CVS faces an “overwhelming hardship” to litigate the Delaware case in Delaware.  In re:  CVS Opioid Insurance coverage Litigation, 2022 WL 3330427, at *7.

The Courtroom held that CVS didn’t meet its burden.  Beneath this determination, the Delaware lawsuit filed by CVS’s carriers for declaratory aid relative to protection for the Opioid Lawsuits in opposition to CVS, stays pending in Delaware accordingly.

Please learn the disclaimer.  ©2022 Dennis J. Wall.  All rights reserved.

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