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This case was last updated from PACER on 04/01/2021 at 08:01:39 (UTC).

The County Commission of Mingo County et al v. McKinsey & Company, Inc.

Case Summary

On January 30, 2021, The County Commission of Mingo County and The Town of Kermit, West Virginia (collectively, “Plaintiffs”), represented by H. Truman Chafin and Letitia Neese Chafin of The Chafin Law Firm, PLLC, filed this lawsuit on behalf of themselves and as a class action under Fed. R. Civ. P. 23(b)(2) and 23(b)(3) on behalf of all members of the class including all counties and municipal corporations in the state of West Virginia from 2004 to present against McKinsey & Company, Inc. (the “Defendant”), seeking actual, punitive and compensatory damages for alleged misbranding of opioids. This case was filed in US District Court in the Southern District of West Virginia with Judge Thomas E. Johnston presiding.

 

In the complaint, the Plaintiffs alleged that “McKinsey had an ongoing relationship with Purdue beginning at least as early as 2004 and lasting decades. By June 2009 McKinsey was advising Purdue on precisely the same sales and marketing strategy and practices for OxyContin that were the subject of the Corporate Integrity Agreement. McKinsey continued this work after the expiration of the Corporate Integrity Agreement and at least through November of 2017.”

 

It was further alleged that “McKinsey’s task was to thread the needle: to increase OxyContin sales given the strictures imposed by the 5-year Corporate Integrity Agreement. This McKinsey did, turbocharging the sales of a drug it knew fully well was addictive and deadly, while paying at least tacit respect to the Corporate Integrity Agreement.” By the time McKinsey’s Project Turbocharge had been implemented, total quarterly sales and marketing spending at Purdue exceeded $45 million per quarter, an increase of 800%.”

 

The Plaintiffs also alleged that “On October 23, 2017, the president of the United States declared the ongoing nationwide opioid epidemic a “public health emergency.” Even at this late hour in the crisis, McKinsey continued to propose solutions to the Sacklers and Purdue to further boost opioid sales. These solutions were fashioned, in perfect McKinsey parlance, as “high impact interventions to rapidly address market access challenges.”

 

The Plaintiffs laid down eight causes of action in their complaint. The first cause of action listed is alleged Negligence, as the Defendants have allegedly violated their duty of care towards the Plaintiffs and the class as a result of which they have suffered and will continue to suffer harm. Other causes of action alleged by the Plaintiffs include Negligent Misrepresentation, Public Nuisance, Fraud (Actual and Constructive) and Deceit, Civil Conspiracy/Joint and Several Liability, Civil Aiding and Abetting, Unjust Enrichment, Intentional Acts and Omissions contributed towards the prescription drug abuse epidemic in Mingo County and throughout the state through alleged repeated intentional violations of various provisions of the West Virginia Uniform Controlled Substances Act and through alleged reckless disregard to the safety and well-being to the citizens of Mingo County.

 

In the prayer for relief, the Plaintiffs requested the court to pass an order to certify the proposed class in addition to an order for an award of actual damages for the damages allegedly caused by the opioid epidemic, compensatory damages for past and future costs to abate the ongoing public nuisance caused by the opioid epidemic, and punitive damages. The Plaintiffs also requested the court to order Defendant to fund the “abatement fund” for the purposes of abating the opioid nuisance and to pay for Plaintiff’s cost of litigation with interest.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00079

  • Filing Date:

    01/31/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Southern District

Judge Details

Presiding Judge

Thomas E. Johnston

 

Party Details

Plaintiffs

The Town of Kermit, West Virginia

The County Commission of Mingo County

Defendant

McKinsey & Company, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

H. Truman Chafin

Attorney at THE CHAFIN LAW FIRM

P. O. Box 1799

Williamson, WV 25661

Letitia Neese Chafin

Attorney at THE H. TRUMAN CHAFIN LAW FIRM

P. O. Box 1799

Williamson, WV 25661

Defendant Attorneys

John C. Palmer, IV

Attorney at ROBINSON & McELWEE

P. O. Box 1791

Charleston, WV 25326-1791

Marisa Brunetti

Attorney at ROBINSON & MCELWEE

P. O. Box 1791

Charleston, WV 25326

Keith J. George

Attorney at ROBINSON & McELWEE

P. O. Box 1791

Charleston, WV 25326-1791

David S. Russo

Attorney at ROBINSON & McELWEE

P. O. Box 1791

Charleston, WV 25326-1791

 

Court Documents

#12

(#12) ORDER granting #9 Unopposed Motion to Stay Proceedings; directing that this case is STAYED for one hundred twenty days from the date of this Order; the Clerk is DIRECTED to remove this case from the Court's active docket; a telephonic status conference will be held on 7/15/2021 at 10:00 a.m. Signed by Judge Thomas E. Johnston on 3/12/2021. (cc: counsel of record; any unrepresented party) (kew)

11 #3

Envelope

11 #2

Letter

11 #1

Schedule of Actions

#11

(#11) ADDITIONAL DOCUMENTATION by McKinsey & Company, Inc. in support of #6 NOTICE of Filing Motion to Transfer with Judicial Panel on Multidistrict Litigation. (Attachments: #1 Schedule of Actions (a copy of each docket sheet and complaint identified herein were provided in paper format), #2 Letter, #3 Envelope) (ts) (Entered: 03/11/2021)

#10

(#10) MEMORANDUM OF LAW by McKinsey & Company, Inc. in support of #9 MOTION by McKinsey & Company, Inc. to Stay (George, Keith)

#9

(#9) UNOPPOSED MOTION by McKinsey & Company, Inc. to Stay Proceedings (George, Keith)

#8

(#8) STIPULATION EXTENDING TIME for Defendant to Respond to #1 Complaint to and including 30 days after the Judicial Panel on Multidistrict Litigation rules on McKinsey & Company, Inc.'s Motion to Transfer for Consolidated Pretrial Proceedings by McKinsey & Company, Inc., The Town of Kermit, West Virginia, The County Commission of Mingo County (George, Keith) (Modified on 3/10/2021 to add party filers)(ts).

#7

(#7) WAIVER OF SERVICE EXECUTED. Waiver signed by Keith J. George/Attorney on 03/08/2021. McKinsey & Company, Inc. waiver mailed on 3/8/2021, answer due 5/7/2021. (George, Keith)

6 #2

Exhibit B

6 #1

Exhibit A

#6

(#6) NOTICE of Filing Motion to Transfer with Judicial Panel on Multidistrict Litigation by McKinsey & Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(George, Keith)

#5

(#5) DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant McKinsey & Company, Inc. (George, Keith)

#4

(#4) NOTICE OF APPEARANCE by Keith J. George, John C. Palmer IV, David S. Russo, Marisa R. Brunetti on behalf of McKinsey & Company, Inc. (George, Keith)

#3

(#3) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

1 #2

Civil Cover Sheet

1 #1

Proposed Summons as to McKinsey & Company, Inc.

#1

(#1) CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL. Filing Fee $402.00. Receipt # AWVSDC-7867150. (Attachments: #1 Proposed Summons as to McKinsey & Company, Inc., #2 Civil Cover Sheet) (mms) (Entered: 02/01/2021)

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Docket Entries

  • 03/12/2021
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  • Docket(#12) ORDER granting #9 Unopposed Motion to Stay Proceedings; directing that this case is STAYED for one hundred twenty days from the date of this Order; the Clerk is DIRECTED to remove this case from the Court's active docket; a telephonic status conference will be held on 7/15/2021 at 10:00 a.m. Signed by Judge Thomas E. Johnston on 3/12/2021. (cc: counsel of record; any unrepresented party) (kew)

    Read MoreRead Less
  • 03/10/2021
  • View Court Documents
  • Docket(#11) ADDITIONAL DOCUMENTATION by McKinsey & Company, Inc. in support of #6 NOTICE of Filing Motion to Transfer with Judicial Panel on Multidistrict Litigation. (Attachments: #1 Schedule of Actions (a copy of each docket sheet and complaint identified herein were provided in paper format), #2 Letter, #3 Envelope) (ts) (Entered: 03/11/2021)

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  • 03/10/2021
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  • Docket(#10) MEMORANDUM OF LAW by McKinsey & Company, Inc. in support of #9 MOTION by McKinsey & Company, Inc. to Stay (George, Keith)

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  • 03/10/2021
  • View Court Documents
  • Docket(#9) UNOPPOSED MOTION by McKinsey & Company, Inc. to Stay Proceedings (George, Keith)

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  • 03/08/2021
  • View Court Documents
  • Docket(#8) STIPULATION EXTENDING TIME for Defendant to Respond to #1 Complaint to and including 30 days after the Judicial Panel on Multidistrict Litigation rules on McKinsey & Company, Inc.'s Motion to Transfer for Consolidated Pretrial Proceedings by McKinsey & Company, Inc., The Town of Kermit, West Virginia, The County Commission of Mingo County (George, Keith) (Modified on 3/10/2021 to add party filers)(ts).

    Read MoreRead Less
  • 03/08/2021
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  • Docket(#7) WAIVER OF SERVICE EXECUTED. Waiver signed by Keith J. George/Attorney on 03/08/2021. McKinsey & Company, Inc. waiver mailed on 3/8/2021, answer due 5/7/2021. (George, Keith)

    Read MoreRead Less
  • 03/08/2021
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  • Docket(#6) NOTICE of Filing Motion to Transfer with Judicial Panel on Multidistrict Litigation by McKinsey & Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(George, Keith)

    Read MoreRead Less
  • 03/05/2021
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  • Docket(#5) DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant McKinsey & Company, Inc. (George, Keith)

    Read MoreRead Less
  • 03/05/2021
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  • Docket(#4) NOTICE OF APPEARANCE by Keith J. George, John C. Palmer IV, David S. Russo, Marisa R. Brunetti on behalf of McKinsey & Company, Inc. (George, Keith)

    Read MoreRead Less
  • 02/02/2021
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  • Docket(#3) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

    Read MoreRead Less
  • 02/01/2021
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  • Docket(#2) ELECTRONIC SUMMONS ISSUED as to McKinsey & Company, Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mms)

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  • 01/31/2021
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  • Docket(#1) CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL. Filing Fee $402.00. Receipt # AWVSDC-7867150. (Attachments: #1 Proposed Summons as to McKinsey & Company, Inc., #2 Civil Cover Sheet) (mms) (Entered: 02/01/2021)

    Read MoreRead Less
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