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Home » Hosp. Auth. of Wayne Cnty. v. AmerisourceBergen Drug Corp.,

Hosp. Auth. of Wayne Cnty. v. AmerisourceBergen Drug Corp.,

An interesting opinion related to a constitutional challenge of the Settlement Act governing the State’s opioid settlement. 

Hosp. Auth. of Wayne Cnty. v. AmerisourceBergen Drug Corp., S23Q0486, 2023 WL 5337867 (Ga. Aug. 21, 2023)

Does [the Hospital Authority] have the legal authority to challenge the constitutionality of OCGA § 10-13B-1, et seq.?

[. . .]

Thus, we conclude that the General Assembly’s passage of the preemption provision took away any power HAWC otherwise may have had under OCGA § 31-7-75 to pursue claims that the preemption provision and the Settlement Act are unconstitutional, and the answer to the first question certified by the District Court is no.