Thread by @JackieFortier

I'm back in the courtroom! #opioidtrial Attorneys for drug giant Johnson & Johnson say Oklahoma judge Thad Balkman miscalculated part of the $572 million judgment he made against the company in August.

In its appeal, lawyers for Johnson & Johnson claim the judge inadvertently added three zeros in one portion of the calculation. They say the amount for neonatal abstinence syndrome should be $107,600 not the $107.6 million written in the decision.

We'll be starting in just a minute.

And we're back. Judge is in the courtroom.

Judge is giving each side about 30 minutes to make their arguments. Brad Beckworth is speaking for the state. "This is an interesting and unique position for us to be in."

Beckworth: “You can’t abate it halfway, you have to abate it all the way.”

Beckworth: “You [judge] don’t have a choice but to fully abate this nuisance.”

Beckworth is talking about when he was in law school. He told lots of anecdotes during the trial, but he's got a time limit so he has to keep this short.

Beckworth: “Once you find that nuisance exists and can be abated, it’s the court’s job to remove it.”

This is very complicated legal wrangling, lots of cases cited.
Beckworth: “No one testified that it [abatement] would just be a year… I think the right way to do this is to use your continuing jurisdiction.”

Beckworth just cited my reporting. Apparently he listens to my work.

If you'd like to know more about the state's proposed $17.5 billion abatement plan that Beckworth is citing. npr.org/sections/healt…

This is huge. Beckworth says that a one year abatement plan isn't enough. He's telling the judge that the amount of time is up to him, but it should 'clearly' be longer than one year.

Beckworth: "$572 million is a dent...the state is still suffering, people are still dying...to stop short of doing what has to be done here, that would be terrible. You're the only person in the state of Okla. who can fix this."

Beckworth is done. Burrage is now speaking for the state.

Burrage says the court has continuing jurisdiction. “In this case, the court has found that there is a nuisance, to do whatever is necessary…what is the harm, because of this tragedy, what is the harm in you looking at it on an annual basis?”

Okla. Attorney General Hunter is now speaking. "Your honor, this is the most important case either of us will work on... Today the final chapter in this historic trial will be written, and you will write it."

Hunter: "Require them [J&J] to pay, completely and entirely for the public nuisance that they caused."

State is done. Now a brief break till 2 p.m. when J&J will present their side.

And we're back. J&J attorney Stephen Brody is now speaking.

Brody says the state is ignoring the court's decision, he's highlighting a point in the judge's written decision that says 'The state did not present sufficient evidence of the amount of time and costs necessary beyond year one, to abate the Opioid Crisis.'

Brody: “We heard from the state the court has to retain jurisdiction… and that’s just not the law…case law tells us that relief is confined to a restrained by the evidence – that is true for injunctive relief as any other remedy.”

Brody: "Federal enforcement of constitutional rights has no analog in nuisance law."

A cell phone went off. Took over an hour for that to happen, I'm surprised.

Brody says the state’s proposal violates settled principles of res judicata.

Brody claims the judge inadvertently added three zeros in one portion of the calculation of the August judgement. Brody says the amount for neonatal abstinence syndrome treatment evaluation standards should be $107,600 not the $107.6 million written in the decision.

Brody is done. Now Sabrina Strong, another attorney representing J&J is addressing the settlement credit issue.

Strong: “Given the Purdue and Teva settlements, the court should reduce the judgment by $355 million.” She says that Oklahoma's contribution statute "codifies the rule against double recovery."

Strong is quoting the State’s proposed final judgement July 31, 2019 that says:

under Okla. law defendants are entitled to a settlement credit in the amount of $355 million to account for the settlements entered between the state and the former defendants. [Purdue and Teva]

Strong: "Okla. law requires the court to implement a credit in its final judgment."

Strong is done. Now rebuttal by the state by Beckworth.

Beckworth: “What they are asking you [the judge] to do cannot be done.”

Beckworth is done. Brody is now rebutting for J&J.

Brody was very quick. Reggie Whitten now has the final word, for the state.

Whitten is done. Judge Balkman is speaking.

BREAKING: Judge Balkman says he made a calculation error, and that the amount J&J will pay will be decreased to $107,600 not the $107.6 million written in the decision. The judge has taken the rest under advisement and will rule later.

In August, Oklahoma Judge Thad Balkman ordered Johnson & Johnson to pay $572 million. The judge based his decision on what the state said it would cost for one year of abatement. Today the judge said that amount would be decreased by $107.6 million.

Also, the Feds are trying to claw back their share of the state's Purdue settlement. Here's a great interview I did with @JACoganJr if you want to learn more.
n.pr/2XqwOEe

@JACoganJr If a kid asks you, 'why is math important?' show them this story. n.pr/2VKvkoQ