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Supreme Court hears arguments in $6 billion Purdue Pharma settlement that would grant immunity to Sacklers

The Supreme Court held the first day of oral arguments in the massive opioid crisis settlement case for OxyContin maker Purdue Pharma.

The justices questioned lawyers for about two hours about the deal, in which Purdue waived $6 billion to victims of the drug crisis while granting immunity to the company’s owners, the Sackler family.

The agreement was initially approved by a New York court in May, but hit a roadblock when the U.S. Trustee Program, a division of the Department of Justice, requested review by the Supreme Court. The program alleged that Purdue abused the bankruptcy system to secure protection for the Sacklers and violated the victims’ right to seek compensation on their own terms.

If the Sacklers filed for bankruptcy separately, they would no longer be eligible for the protection from future opioid-related lawsuits that their current contracts provide. The Justice Department emphasized that the agreement also protects families from civil lawsuits related to fraud.

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The Supreme Court held the first day of oral arguments in the massive opioid crisis settlement case for OxyContin maker Purdue Pharma. (Bill Clark/CQ-Roll Call, Inc, via Getty Images)

The Justice Department argued that victims of the opioid crisis should have the right to file civil lawsuits against the Sacklers if they wish.

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“If it’s an important claim and someone doesn’t want to waive it, we’re not fools to say it’s their right to decide whether they can waive their personal property rights.” “I don’t think there’s any need to think that they are,” the Justice Department said.

Justices Brett Kavanaugh, Amy Coney Barrett and others said their biggest fear was that without a $6 billion deal, Purdue would go under and victims of the opioid crisis would never be compensated again. expressed.

Supreme Court Judge Kavanaugh

Justices Brett Kavanaugh, Amy Coney Barrett and others expressed concern that without a $6 billion deal, Purdue could go under and victims of the opioid crisis could never receive compensation again. (AP Photo/Sue Ogrocki)

“What if the company just gets liquidated? That’s what the other side is concerned about? So there’s a $1 billion liquidation and no donations.” [from the Sacklers]And does everyone have a lottery ticket left to get something in a lawsuit years later? ” asked Mr. Kavanaugh.

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Justice Department lawyers responded that there was a “high probability” that a new agreement would be reached if the current agreement was rejected, but Kavanaugh later said the Justice Department would “very likely” agree to a better agreement in the future. It does not take into account certainty.”

The court is scheduled to resume oral arguments Tuesday morning.

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