Maryland Rulings Impact Opioid, Climate Public Nuisance Cases

2 min readSources: Lex Blog

Maryland court restricts lawsuits against opioid and climate companies.

Why it matters: These rulings reshape how general counsels navigate corporate liability, emphasizing regulatory reliance in legal strategies.

  • Court rulings involve opioid dispensing and climate claim dismissals.
  • March 23, 2026: Pharmacies not liable for public nuisance in opioid cases.
  • July 10, 2024: Climate lawsuit against fossil fuel firms dismissed.
  • Emphasis on existing regulatory frameworks over court rulings.

The Maryland Supreme Court has issued significant rulings restricting public nuisance claims in opioid and climate change litigation. These rulings were part of decisions involving Express Scripts, Inc. v. Anne Arundel County and a climate lawsuit against fossil fuel companies.

In the opioid case decided on March 23, 2026, the court ruled that pharmacies and pharmacy benefit managers cannot be held liable under public nuisance claims within Maryland. This decision indicates that opioid dispensing by these firms does not infringe upon a common public right, a central component for public nuisance claims. Justice Booth highlighted that Maryland's courts must defer to existing regulations addressing opioid issues, suggesting a limitation on judicial solutions.

On July 10, 2024, a Baltimore court dismissed a climate lawsuit involving 25 fossil fuel companies, citing federal law preemption. The case emphasized that public nuisance claims should not apply to products regulated and sanctioned by the government.

These decisions play a crucial role in shaping future litigation strategies and suggest that similar claims face substantial hurdles. For corporations, understanding these rulings is vital as they emphasize reliance on established regulations over courts in resolving complex societal issues.