Harrington v. Purdue Pharma concerned responsibility for the opioid epidemic, which has taken the lives of more than 500,000 Americans. The Sacklers, who own Purdue Pharma (the developers of OxyContin), began designing liability shields for themselves in the early 2000s. In 2019, the U.S. Department of Justice brought criminal and civil charges against Purdue Pharma, and reached a plea agreement that prioritized DOJ’s claims in the company’s bankruptcy. The Sacklers have not declared bankruptcy; their estate is valued at $1.8 billion, while claims against Sacklers and Purdue likely exceed $40 trillion. Purdue’s bankruptcy plan included a shareholder release — which would have permanently shielded the Sacklers from certain claims filed by individuals. But individual victims did not consent to this liability release. 

On June 27, 2024, in a 5-4 decision, the Supreme Court held that the Bankruptcy Code does not allow the Sacklers to be released of personal liability without the consent of victims of the opioid crisis. Chief Justice Roberts and Justices Sotomayor, Kagan, and Kavanaugh dissented.

Powerbroker-Affiliated Organizations

Organization

U.S. Chamber of CommerceRead the amicus brief

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  Koch Network

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  Horatio Alger Association