Tag Archives: Public Nuisance

Fourth Circuit Grants Mandamus Holding That Express Scripts Is Entitled to a Jury Trial on a Government Action for Public Nuisance That Seeks to Create an “Abatement Fund”

In In re Express Scripts, Inc., No. 25-2281 (4th Cir. May 15, 2026), the Fourth Circuit grants mandamus to direct that defendant Express Scripts get a jury trial in a public nuisance lawsuit, because at least one remedy sought—an abatement fund for drug rehabilitation—is a classically legal remedy, covered by the Seventh Amendment. “In thisContinue reading “Fourth Circuit Grants Mandamus Holding That Express Scripts Is Entitled to a Jury Trial on a Government Action for Public Nuisance That Seeks to Create an “Abatement Fund””