Florida Appeals Court Rules Against Attorney General in Opioid Lawsuits

TALLAHASSEE — In a significant ruling on Wednesday, the 1st District Court of Appeal determined that Florida Attorney General Ashley Moody cannot block lawsuits related to the opioid epidemic filed by local hospital districts and school boards. This decision overturned a previous ruling by Leon County Circuit Judge John Cooper, which had granted Moody the authority to enter settlements with pharmaceutical companies that effectively dismissed claims from these local entities. The appeals court emphasized that the attorney general lacks the legal power to unilaterally dismiss claims for damages incurred by school boards and hospital districts. The ruling highlighted that these local agencies have suffered unique and individual damages due to the opioid crisis, which necessitated increased expenditures for compliance with federal laws regarding special educational needs for disabled students, allegedly harmed by opioid addiction. Moody's office had previously reached seven settlements with various pharmaceutical companies, which included provisions that released claims from local governments. However, the hospital districts and school boards contended that Moody overstepped her authority by attempting to release their claims without their consent. They argued that the harms caused by the opioid defendants extend beyond local jurisdictions, affecting communities across city and county lines. The court's ruling, authored by Judge Brad Thomas, clarified that the Florida Legislature has assigned the rights of legal representation to the local agencies themselves, not to the attorney general. The decision underscores the limitations of the attorney general's authority in negotiating settlements that impact the unique claims of local governments.