The West Virginia Supreme Court of Appeals heard two cases Tuesday morning involving AmerisourceBergen, a major drug company involved in opioid settlements with the state.
AmerisourceBergen has asked two of its insurance companies – ACE American and St. Paul – to pay for their opioid settlement costs. However, the case the state Supreme Court heard Tuesday morning is about whether litigation on AmerisourceBergen’s insurance coverage in West Virginia should influence how and when parallel cases in other states, centering on Delaware, should continue.
Lawyers argued whether AmerisourceBergen sought a “preferable” state judiciary system rather than letting cases in other states proceed at the same time. Arguments to halt the other cases concern the concept of “comity,” which involves respecting other state’s judicial systems and consistency between rulings.
Chief Justice Tim Armstead voluntarily disqualified himself from hearing the case on Sept. 12. Armstead cited the general disqualification rule in the Code of Judicial Conduct but did not provide further comment. Judge Robert Ryan from the Twenty-First Judicial Circuit sat in on temporary assignment.
The court’s fall term ends in November.