WESTFIELD NATIONAL INS. v. QUEST PHARMACEUTICALS

Nos. 21-6026/21-6043.

57 F.4th 558 (2023)

WESTFIELD NATIONAL INSURANCE COMPANY; Motorists Mutual Insurance Company, Plaintiffs-Appellees, v. QUEST PHARMACEUTICALS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2023.


Attorney(s) appearing for the Case

ARGUED: James R. Coltharp, Jr. , WHITLOW, ROBERTS, HOUSTON & STRAUB, PLLC, Paducah, Kentucky, for Appellant. Richard M. Garner , COLLINS, ROCHE, UTLEY & GARNER, Dublin, Ohio, for Appellee Westfield National Insurance Company. Patrick F. Hofer , CLYDE & CO US LLP, Washington, D.C., for Appellee Motorists Mutual Insurance Company. ON BRIEF: James R. Coltharp, Jr. , WHITLOW, ROBERTS, HOUSTON & STRAUB, PLLC, Paducah, Kentucky, for Appellant. Richard M. Garner , COLLINS, ROCHE, UTLEY & GARNER, LLC, Dublin, Ohio, for Appellee Westfield National Insurance Company. Patrick F. Hofer , Elderidge A. Nichols, Jr. , CLYDE & CO US LLP, Washington, D.C., Jared K. Clapper , CLYDE & CO US LLP, Chicago, Illinois, Richard L. Walter , BOEHL STOPHER & GRAVES LLP, Paducah, Kentucky, for Appellee Motorists Mutual Insurance Company. Gary Johnson , WESTON HURD LLP, Cleveland, Ohio, for Amici Curiae.

Before: COLE, GIBBONS, and BUSH, Circuit Judges.


OPINION

In the wake of a nationwide opioid epidemic, aggrieved individuals, local governments, and other organizations are taking pharmaceutical companies to task for their allegedly wrongful conduct in promoting and distributing prescription opioids. Quest Pharmaceuticals, Inc. ("Quest"), a Kentucky-based distributor...

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