The Maryland Association of Counties signed on to an amicus brief in Express Scripts, Inc., et al. v. Anne Arundel County regarding public nuisance claims related to the opioid crisis and remediation. The Maryland Supreme Court is set to hear oral arguments on Tuesday, September 9, 2025.
Recently the Maryland Association of Counties (MACo) signed on to an amicus brief in a case involving member county Anne Arundel, and with potentially significant implications for local jurisdictions statewide. The brief was filed in conjunction with the Maryland Municipal League ahead of the Maryland Supreme Court hearing that will consider two questions in relation to the original case brought by Anne Arundel.
The certification of the questions was approved, temporarily halting the case brought by Anne Arundel until the MD Supreme Court weighs in. Oral arguments for the hearing are set for early September 9, where the following two questions will be considered by the court:
- Under Maryland’s common law, can the licensed dispensing of, or the administration of benefits plans for, a medication approved by the U.S. Food and Drug Administration give rise to a claim for public nuisance?
- If so, what are the elements of such a public-nuisance claim, and what types of potential relief can a local government plaintiff seek when asserting such a claim?
The original claims brought by Anne Arundel County against multiple pharmacy benefit managers and distributors of opioids allege that defendants knowingly caused and maintained a public nuisance. The collaborations and partnerships between pharmacy benefit managers and opioid manufacturers were deceptive and dangerous in the marketing of opioids for the purpose of financial gain. These actions spurred on opioid abuse by placing these drugs on formularies with preferred status and without restrictions on their approval for use.
Following the initial filing, defendants contested the grounds for the claim and filed a motion to dismiss the case and made a motion for the certification of two questions to the Supreme Court of Maryland on the matter. The motion to dismiss was denied and the questions were approved for MD Supreme Court consideration. The outcome of the courts deliberation could have significant implications for what is considered a cause of action in a public nuisance case and whether those defined elements set a precedent for additional types of claims not currently common to the judicial process in Maryland.
Watch MD Supreme Court live webcast on Sept 9th beginning at 9 AM.
Read the MACo x MML amicus brief.
Read the full Memorandum from US District Court 4th Circuit Judge Matthew J. Maddox.
