Background
The City of Baltimore filed suit against McKesson Corporation and other defendants in the Circuit Court for Baltimore City (Case No. 24-C-18-000515), part of the broader wave of litigation by municipalities seeking to hold pharmaceutical distributors and related entities liable for harms caused by the opioid epidemic. The circuit court entered a judgment that Baltimore appealed, and the matter reached the Appellate Court of Maryland (No. 1643, September Term, 2025) before the parties petitioned the Supreme Court of Maryland for further review.
While the Baltimore case was pending, the Supreme Court of Maryland issued a significant decision in a closely related dispute: Express Scripts, Inc., et al. v. Anne Arundel County, Maryland, Misc. No. 1, September Term, 2025 (decided March 23, 2026). That opinion addressed controlling legal questions implicated by opioid-related claims against pharmaceutical supply-chain defendants in Maryland courts.
The Court’s Holding
On April 24, 2026, the Supreme Court of Maryland granted Baltimore’s petitions for writ of certiorari. Rather than conducting independent plenary review, the Court applied its freshly issued Express Scripts opinion as controlling authority. In a per curiam order signed by Chief Justice Fader on behalf of the full seven-justice court, the judgment of the Circuit Court for Baltimore City was vacated and the case was remanded for further proceedings consistent with Express Scripts.
The Court did not issue a separate substantive opinion; the order directs the circuit court to reconsider its prior judgment in light of the legal standards and framework established in Express Scripts.
Key Takeaways
- The Supreme Court of Maryland granted certiorari and immediately vacated the circuit court judgment, signaling that Express Scripts materially changes the legal landscape governing opioid claims against pharmaceutical distributors and related defendants in Maryland.
- The decision is a GVR-style disposition (grant, vacate, remand) — the circuit court must now re-examine the case under the Express Scripts framework without further guidance from the high court at this stage.
- Attorneys litigating opioid-related municipal claims in Maryland should treat Express Scripts, Inc. v. Anne Arundel County (March 23, 2026) as the controlling precedent shaping how such suits proceed in the state courts.
Why It Matters
Baltimore’s opioid lawsuit against McKesson and co-defendants represents one of the largest and most closely watched pieces of public-nuisance and tort litigation pending in Maryland. By vacating the lower court’s judgment and directing re-examination under Express Scripts, the Supreme Court of Maryland has effectively reset the proceedings, and the outcome on remand could have significant financial and policy consequences for both the City and the pharmaceutical supply-chain industry.
For practitioners, the order confirms that Express Scripts has statewide effect and will govern opioid-related claims brought by Maryland counties and municipalities — making that March 2026 opinion essential reading for any attorney involved in this category of litigation.