COLUMBUS, Ohio (AP) — The Ohio Supreme Court ruled Tuesday that the state's product liability law prohibits counties from bringing public nuisance claims against national pharmaceutical chains as they did as part of national opioid litigation, a decision that could overturn a $650 million judgment against the pharmacies. An attorney for the counties called the decision “devastating.” Justices were largely unanimous in their interpretation of an arcane disagreement over the state law, which had emerged in a lawsuit brought by Lake and Trumbull counties outside Cleveland against CVS, Walgreens and Walmart. The counties won their initial lawsuit — and were awarded $650 million in damages by a federal judge in 2022 — but the pharmacies had disputed the court's reading of the Ohio Product Liability Act, which they said protected them from such sanctions. In an opinion written by Justice Joseph Deters, the court found that Ohio state lawmakers intended the law to prevent “all common law product liability causes of action" — even if they don't seek compensatory damages but merely “equitable relief” for the communities. “The plain language of the OPLA abrogates product-liability claims, including product-related public-nuisance claims seeking equitable relief,” he wrote. “We are constrained to interpret the statute as written, not according to our own personal policy preferences.” Two of the Republican-dominated court's Democratic justices disagreed on that one point, while concurring on the rest of the judgment. “Any award to abate a public nuisance like the opioid epidemic would certainly be substantial in size and scope, given that the claimed nuisance is both long-lasting and widespread,” Justice Melody Stewart wrote in an opinion joined by Justice Michael Donnelly. “But just because an abatement award is of substantial size and scope does not mean it transforms it into a compensatory-damages award.” In a statement, the plaintiffs' co-liaison counsel in the national opioid litigation, Peter Weinberger, of the Cleveland-based law firm Spangenberg Shibley & Liber, lamented the decision. “This ruling will have a devastating impact on communities and their ability to police corporate misconduct," he said. “We have used public nuisance claims across the country to obtain nearly $60 billion in opioid settlements, including nearly $1 billion in Ohio alone, and the Ohio Supreme Court’s ruling undermines the very legal basis that drove this result.” But Weinberger said Tuesday's ruling would not be the end, and that communities would continue to fight “through other legal avenues.” "We remain steadfast in our commitment to holding all responsible parties to account as this litigation continues nationwide,” he said. In his 2022 ruling, U.S. District Judge Dan Polster said that the money awarded to Lake and Trump counties would be used to the fight the opioid crisis. Attorneys at the time put the total price tag at $3.3 billion for the damage done. Lake County was to receive $306 million over 15 years. Trumbull County was to receive $344 million over the same period. Nearly $87 million was to be paid immediately to cover the first two years of payments. A jury returned a verdict in favor of the counties in November 2021, after a six-week trial. It was then left to the judge to decide how much the counties should receive. He heard testimony the next May to determine damages. The counties convinced the jury that the pharmacies played an outsized role in creating a public nuisance in the way they dispensed pain medication. It was the first time pharmacy companies completed a trial to defend themselves in a drug crisis that has killed a half-million Americans since 1999. Julie Carr Smyth, The Associated PressTOLEDO, Ohio (AP) — Sam Lewis' 18 points helped Toledo defeat Defiance 111-49 on Saturday. Lewis also had five rebounds for the Rockets (6-3). Javan Simmons scored 16 points while shooting 8 of 9 from the field and 0 for 3 from the line and added eight rebounds. Sonny Wilson finished 7 of 10 from the field to finish with 16 points. Jalen Brown finished with 12 points for the Yellow Jackets. Connor Bush added eight points for Defiance. Donovan Stone finished with eight points. Toledo took the lead with 19:42 remaining in the first half and did not relinquish it. The score was 55-23 at halftime, with Simmons racking up 14 points. Toledo extended its lead to 90-34 during the second half, fueled by a 16-3 scoring run. Grgur Brcic scored a team-high 10 points in the second half as their team closed out the win. The Associated Press created this story using technology provided by Data Skrive and data from Sportradar .Julia Wick | (TNS) Los Angeles Times As California politicos look ahead to 2025, the biggest question looming is whether Vice President Kamala Harris — a native daughter, battered just weeks ago by presidential election defeat — will enter the 2026 California governor’s race. Related Articles National Politics | Senate begins final push to expand Social Security benefits for millions of people National Politics | Trump taps immigration hard-liner Kari Lake as head of Voice of America National Politics | Trump invites China’s Xi to his inauguration even as he threatens massive tariffs on Beijing National Politics | Pressure on a veteran and senator shows what’s next for those who oppose Trump National Politics | What Americans think about Hegseth, Gabbard and key Trump Cabinet picks AP-NORC poll Harris has yet to give any public indication on her thoughts and those close to her suggest the governorship is not immediately top of mind. But if Harris does ultimately run — and that’s a massive if — her entrée would seismically reshape the already crowded race for California’s highest office. Recent polling suggests Harris would have a major advantage, with 46% of likely voters saying they were somewhat or very likely to support her for governor in 2026, according to a UC Berkeley Institute of Governmental Studies survey co-sponsored by The Times. “If Vice President Harris were to choose to run, I am certain that that would have a near field-clearing effect on the Democratic side,” Rep. Katie Porter, D-Irvine, said during a recent UC Irvine panel interview . Porter, a high-profile Democrat who has been eyeing the wide-open governor’s race, has yet to say whether she plans to run. Porter’s point was broadly echoed in conversations with nearly a dozen California political operatives and strategists, several of whom requested anonymity to speak candidly. Most speculated that a Harris entry would cause some other candidates in the race to scatter, creating further upheaval in down-ballot races as a roster of ambitious politicians scramble for other opportunities. “In politics, you always let the big dogs eat first,” quipped Democratic political consultant Peter Ragone. The current gubernatorial field is a who’s who of California politicians, but lacks a clear favorite or star with widespread name recognition. The vast majority of California’s 22 million voters have yet to pay attention to the race and have little familiarity with the candidates. The list of Democratic candidates includes Los Angeles’ first Latino mayor in more than a century ( Antonio Villaraigosa ); the first female and first out LGBTQ leader of the state Senate ( Toni Atkins ); the sitting lieutenant governor and first woman to hold that post ( Eleni Kounalakis ); the state superintendent of public instruction ( Tony Thurmond ) and the former state controller ( Betty Yee ). Democratic Gov. Gavin Newsom is serving his second term as California governor, meaning he is ineligible to run again. Several other Democrats, including Porter, outgoing Health and Human Services Director Xavier Becerra and state Atty. Gen. Rob Bonta have also publicly toyed with the idea of a run. They could be less likely to enter the fray should Harris decide to run. What the billionaire mall mogul Rick Caruso — who has also been exploring a run — would choose to do is an open question, as Caruso might contrast himself with Harris as a more centrist candidate. The real estate developer was a registered Republican until November 2019. It’s unlikely that Harris will proffer a public decision in the immediate term, leaving plenty of time for political insiders to game out hypotheticals in the weeks and months to come. Harris’ office did not respond to a request for comment. “I think every candidate for governor is trying to get some kind of intel,” Mike Trujillo, a Los Angeles-based Democratic political consultant and former Villaraigosa staffer, said of a potential Harris run. Trujillo speculated that Harris’ current state was probably similar to Hillary Clinton’s hiking sojourns in the Chappaqua woods after losing to Donald Trump in 2016, or Al Gore growing a beard in the bruising aftermath of his 2000 defeat. “The first thing she’s probably thinking about is, ‘Well, can I run again for president in four years?’ Not, ‘Do I run for governor in two years?’” said one political operative who’s worked with Harris in the past. Harris maintains a home in Brentwood and previously served as California’s senator and attorney general. A successful run for governor in 2026 would almost certainly impede a grab for the presidency in 2028. (Though if history is any guide, an unsuccessful run for California governor does not definitively preclude a bid for the Oval Office: Two years after losing the White House to John F. Kennedy, Richard Nixon lost the 1962 contest for governor to Pat Brown . The Yorba Linda native became the nation’s 37th president in 1969.) As the chief executive of a state that doubles as the world’s fifth-largest economy, Harris would have more power to steer policy and make changes as a California governor than she did as vice president, where her job required deference to President Biden. But leading a state, even the nation’s most populous, could feel like small potatoes after being a heartbeat (and a few dozen electoral votes) from the presidency. The protracted slog to November 2026 would also be a stark contrast to her ill-fated 107-day sprint toward the White House, particularly for a candidate whose 2020 presidential primary campaign was dogged by allegations of infighting and mismanagement. “I don’t think Kamala Harris has a deep psychological need to be governor of California, or to be in elective office in order to feel like she can contribute to society,” said the operative who’s worked with Harris in the past. “I think some of these people do, but she’s somebody who has enough prominence that she could do a lot of big, wonderful things without having to worry about balancing California’s budget or negotiating with Assemblyman Jesse Gabriel,” the Encino Democrat who chairs the Assembly’s budget committee. Technically, Harris has until March 2026 to decide whether she enters a race. But political strategists who spoke to The Times theorized that she probably would make a move by late spring, if she chooses to do so. “People will be more annoyed if she drops in in June,” a Democratic strategist involved with one of the gubernatorial campaigns said. Sending a clear signal by February would be more “courteous,” the strategist continued, explaining that such a move would give candidates more time to potentially enter other races. Kounalakis is a longtime friend and ally of Harris’ , and the vice president also has long-term relationships with some of the other candidates and potential candidates. California has eight statewide elected offices and campaign finance laws allow candidates to fundraise interchangeably for them, meaning money already raised for a candidate’s gubernatorial campaign could easily be redirected should they decide to run for, say, lieutenant governor instead. There are already a number of candidates running for lieutenant governor, including former Stockton Mayor Michael Tubbs, former state Sen. Steven Bradford and former state Treasurer Fiona Ma. But that office probably would see even more interest should Harris enter the gubernatorial race. It’s a largely ceremonial position, but one that has served as a launching pad for the governorship. Still, even if Harris does enter the race, Republican political strategist Mike Murphy threw cold water on the idea that she would have an automatic glide path to the governor’s office. “It’s like Hollywood. Nobody knows anything. She’s famous enough to look credible in early polling. That’s all we know for sure,” Murphy said. “Does that predict the future? No. Are there a lot of downsides (to a potential Harris candidacy)? Totally, yes.” ©2024 Los Angeles Times. Visit latimes.com. Distributed by Tribune Content Agency, LLC.
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Even in this banner season for military academy football — complete with winning streaks, national rankings and a conference championship — the biggest goal remains the same. For Army: Beat Navy. For Navy: Beat Army. With the college football landscape changing at a furious rate, the significance of this matchup adds a dose of tradition to mid-December, amid all that talk about the transfer portal and the new expanded playoff. "We've had a good year. You make it a great year by winning this game coming up on Saturday. Frankly, that's just the way it goes around here," Army coach Jeff Monken said. "It's a game and a season really all of its own. We don't apologize for talking about it all the time. We talk about it all the time, and it's 365 days a year." Saturday in Landover, Maryland, is the 125th matchup between Army and Navy, and although these two programs are long removed from their days winning national titles and Heisman Trophies, this is a historic moment in the rivalry. The Black Knights and Midshipmen have combined for 19 wins this season, their highest total ever entering this game. Army (11-1) is ranked 19th in the AP poll after beating Tulane last week to win the American Athletic Conference — the first league title of any kind in the team's 134-year history. Navy (8-3) was ranked as well earlier this season after starting with six straight victories. "I knew we were going to be an improved football team," Navy coach Brian Newberry said. "Didn't know exactly what that was going to look like. I think certainly we've improved in a lot of different areas. I'm excited about the season we've had." This was Army's first season in the AAC, putting the Black Knights and Midshipmen in the same league, although their annual matchup is considered a nonconference game. For a while, there was a chance the teams could meet twice, with a conference championship clash coming before the regularly scheduled Army-Navy game, but that didn't happen. Their most prominent common opponent came from outside the league. Notre Dame handed both Navy and Army its first loss, beating the Midshipmen 51-14 and the Black Knights 49-14. Within the AAC, both teams beat Temple, UAB and East Carolina. Army beat Tulane and Rice and Navy lost to those two teams. Army and Navy also each won its nonconference game against Air Force. Those victories over Air Force mean this season's Commander-In-Chief's Trophy comes down to the Army-Navy game. It's the first time since 2017 that both teams enter this game with a shot at the trophy. It's also the first time since 2017 that both teams enter the game with bowl bids secured. Navy faces Oklahoma in the Armed Forces Bowl and Army takes on Marshall in the Independence Bowl. This year's Army-Navy game is at the Washington Commanders' home stadium in Landover. It was also held there in 2011. This is the first time the game has been in Maryland since Baltimore hosted it in 2016. Baltimore is also up next in 2025. Army quarterback Bryson Daily has 29 rushing touchdowns this season, which is tied for the FBS lead with running back Ashton Jeanty, Boise State's Heisman finalist. Only one QB in FBS history has run for more TDs in a season than Daily. That was Navy's Keenan Reynolds, with 31 in 2013. "You come here to play in this game. The biggest stage possible, millions of people watching and a sold-out NFL stadium. It's awesome," Daily said. "None of the games that happened before this matter. We're going into this game like we're 0-0, they're 0-0 because that's just how you have to come into this game." Navy's closest game this season — win or lose — was a 56-44 win over Memphis. The Midshipmen are the only FBS team that hasn't had a game this season decided by eight points or fewer. AP Sports Writer Stephen Whyno contributed to this report. Get local news delivered to your inbox!
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