Court says state AG can't retain private law firm to pursue possible case against opioid makers
New Hampshire’s attorney general can’t simply hire a private law firm to pursue a potential case against pharmaceutical companies that market opioids, unless the governor and state lawmakers agree, a state-court judge ruled last week.
However, Attorney General Joe Foster is mulling a possible appeal and Gov. Maggie Hassan also finds the decision troubling, reports the New Hampshire Union Leader.
“The governor is concerned that Merrimack County Superior Court’s decision undercuts the attorney general’s longstanding authority to pursue important cases and issues free of politics, in this case combating the heroin and opioid epidemic, which we know stems at least in part from the overuse, misuse and abuse of addictive prescription opioids,” spokesman William Hinkle told the newspaper.
Whether or not he is found to have authority to retain Cohen Milstein Sellers & Toll on a contingency basis, the probe of pharmaceutical companies’ opioid-marketing practices will continue with or without the law firm, Foster told the newspaper.
“Either way we’re going to proceed with this investigation,” he said. “We’re committed to it.”
Related coverage:
ABAJournal.com: “Can Chicago deputize law firm to do city’s job? No, say companies sued in painkiller-marketing case”
Cook County Record: “Federal judge nixes drug companies’ attempt to void city’s contract with Cohen Milstein firm in opioid lawsuit “
See also:
ABAJournal.com: “Rising use of heroin, prescription opiates sparks call for noncriminal approach to addiction issues”
