Attorney says state can’t sue for opioid fraud

By Howard Fischer | Capitol Media Services via Arizona Daily Sun

The attorney for a Chandler opioid manufacturer says his firm can’t be sued by the state over its marketing practices because anything it may have done wrong is in the past.

In legal filings in Maricopa County Superior Court, Joel Hoxie points out that the lawsuit filed earlier this year by Attorney General Mark Brnovich seeks an injunction to stop Insys Therapeutics and its employees “from engaging in unfair, deceptive or misleading acts or practices that violate the Arizona Consumer Fraud Act.” But Hoxie tells Judge Rosa Mroz there’s a big flaw in that: The lawsuit does not allege any risk of future harm.

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