In re OxyContin II

Case Updates

The New York Supreme court dismissed the claims of non-residents on forum non conveniens grounds.

NCLC urged the New York Supreme Court to dismiss on forum non conveniens grounds a mass tort brought against the makers of Oxycontin. In this case, plaintiffs raised more than 248 claims against the makers of the pain medicine Oxycontin. However, the medicine was marketed, prescribed, consumed, and allegedly caused damage mostly outside of New York. In its brief, NCLC argued that, because only a few plaintiffs are from New York, the forum non conveniens doctrine requires the suit to be dismissed. If the lawsuit is not dismissed, New York could become the country’s premier destination for litigation tourists and mass tort claims, clogging New York’s judicial system and subjecting numerous businesses to costly litigation.