W. Va. Appellate Court Overturns ‘Anti-Suit Injunction’ in Opioid Coverage Battle
November 17, 2021
CHARLESTON, W. Va. — A West Virginia appellate court has overturned an “anti-suit injunction” barring insurers from pursuing litigation against AmerisourceBergen Drug Corp. (ABDC) in California concerning their liability to provide coverage for a $6.4 billion settlement of opioid lawsuits.
In a Nov. 15 opinion, the West Virginia Supreme Court of Appeals found the injunction was overly broad because it prevented insurers in California and other states from challenging coverage under policies beyond those at issue in the West Virginia action.
“Stated simply, the order is unclear as to why the Circuit Court precluded the litigation of any issues between …
- Hissam Forman Donovan Ritchie
- Reed Smith
- Simpson Thacher & Bartlett LLP