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ST. PAUL FIRE v. AMERISOURCEBERGEN DRUG

No. 21-0036.

868 S.E.2d 724 (2021)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant Below, Petitioner v. AMERISOURCEBERGEN DRUG CORPORATION, and Bellco Drug Corporation, Plaintiffs Below, Respondents v. ACE American Insurance Company and ACE Property and Casualty Insurance Company, Defendants Below, Intervenor-Petitioners.

Supreme Court of Appeals of West Virginia.

Filed: November 15, 2021.

Attorney(s) appearing for the Case

Thomas E. Scarr, Esq. , Lee Murray Hall, Esq. , Sarah A. Walling, Esq. , Jenkins Fenstermaker, PLLC, Huntington, West Virginia, Andrew T. Frankel, Esq. , Pro Hac Vice.

Charles S. Piccirillo, Esq. , Todd A. Mount, Esq. , Shaffer & Shaffer PLLC, Madison, West Virginia, Courtney C.T. Horrigan, Esq. , Pro Hac Vice.

Bryce L. Friedman, Esq. , Pro Hac Vice, Matthew C. Penny, Esq. , Pro Hac Vice, Simpson Thacher & Bartlett LLP, New York, New York, Counsel for the Petitioner, St. Paul Fire and Marine Insurance Company.

J. Zak Ritchie, Esq. , Hissam Forman Donovan Ritchie PLLC, Charleston, West Virginia, Counsel for the Intervenor-Petitioners, Ace American Insurance Company and Ace Property and Casualty Insurance Company.

Kim M. Watterson, Esq. , Pro Hac Vice, Reed Smith LLP, Pittsburgh, Pennsylvania, Counsel for the Respondents, AmerisourceBergen Drug Corporation and Bellco Drug Corporation.

Over the last two decades, the United States has experienced an epidemic of overdose deaths involving prescription and illicit opioid medications. Governments, businesses and individuals have sued the pharmaceutical distributors that sold prescription opioid medicines and "seek to recover billions in governmental and economic...

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