The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

"I think both sides felt the law is clear," said Hunter Shkolnik of Napoli Shkolnik, one of the plaintiffs attorneys in the litigation, referring to the Ohio Product Liability Law.

"We felt that our interpretation was right. They thought their interpretation was right. And the one thing we both agreed was we didn't think it was an open question of law," he added. "But obviously, the circuit and then the Supreme Court by accepting felt there is something that has to be clarified in the law, on whether or not public nuisance was subsumed or not in the statute. It will be interesting."

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