High Court set to make DOJ’s job harder in opioid cases

By Jeff Overley (March 1, 2022, 11:35 PM EST) — The U.S. Supreme Court seemed likely on Tuesday to require stronger evidence of intentional wrongdoing when the U.S. Department of Justice prosecutes opioid prescribers , experts say, a finding that could also help large drugstore chains accused of recklessly selling narcotic painkillers.

Indications that the DOJ will face a tougher task in proving violations of the Controlled Substances Act came during 90 minutes of oral argument in cases from the Tenth and Eleventh Circuits, where the standards used to convict two doctors for illegally prescribing opioids are under high court scrutiny.

At issue are the convictions of Dr. Xiulu Ruan of Alabama and…

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