‘Overzealous’ claim not enough to redo Teva NY opioid trial

By Emily Field (June 2, 2022, 5:57 p.m. EDT) – The New York state judge who oversaw the jury trial that found drugmaker Teva Pharmaceuticals and its affiliates were responsible for the opioid crisis ruled against a new trial in that case, finding that the jury’s diligence and effort mitigated the state’s attorney’s overzealousness during closing arguments.

Suffolk County Supreme Court Judge Jerry Garguilo acknowledged in his ruling Wednesday that John Oleske, senior law enforcement attorney for the New York Attorney General’s Office, “grossly overestimated” the amount of narcotic pills that Teva sent to the state at 150 billion – about 550 times greater than the actual figure.

But this misrepresentation…

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