Express Scripts v. Anne Arundel Cnty.

Summary

The Supreme Court of Maryland answered a certified question by holding that the licensed dispensing of controlled substances and administration of related benefit plans do not constitute an actionable public nuisance under Maryland common law. The Court concluded that the County’s complaint failed to allege interference with a right common to the public and declined to expand public nuisance law to address conduct governed by extensive federal and state regulation. Because the opinion text is truncated before the disposition, the procedural disposition cannot be determined from the supplied text.