Ex Parte McKesson Corporation Petition for Writ of Mandamus (in Re: Fort Payne Hospital Corporation v. McKesson…

Summary

The Supreme Court of Alabama denied the distributors’ petition for a writ of mandamus seeking dismissal of hospitals’ opioid-related claims as time-barred. The court held that the amended complaint alleged ongoing misconduct by each distributor and did not clearly establish on its face that the claims were barred, making dismissal improper at the pleading stage. The court also held that the petitioners overstated the prior decision’s requirement for pleading a continuing tort and declined to reach fraudulent concealment.