The Oklahoman

Cherokee Nation turns to state court in opioid fight

- BY MICHAEL OVERALL Tulsa World michael.overall@tulsaworld.com

TAHLEQUAH — Blocked from pursuing the case in tribal court, the Cherokee Nation plans to sue several major corporatio­ns in state court for allegedly creating “an epidemic of prescripti­on opioid drug abuse” among Native Americans, officials said Wednesday.

Cherokee Attorney General Todd Hembree originally filed the lawsuit last April in tribal court, arguing that federal and Cherokee law gives tribal judges jurisdicti­on over non-Indians when they are threatenin­g the “political integrity, economic security or health and welfare” of the tribe.

The companies, including Walmart, Walgreens, CVS and other major drug distributo­rs, responded by asking a U.S. District Court in Tulsa to declare that Cherokee courts have no jurisdicti­on over them. And Tuesday, U.S. District Judge Terence Kern agreed, ruling that “the mere act of doing business with a tribe or its members, even on tribal land, does not subject a nonmember to broad tribal civil authority.”

The ruling was a preliminar­y injunction and, theoretica­lly, the Cherokee Nation could continue arguing in federal court that the case should be allowed to proceed under tribal jurisdicti­on. But instead, the tribe will refile the case in a state court, Hembree said Wednesday.

“The opioid crisis in the Cherokee Nation was fueled by the defendants’ decision to prioritize profits over the well-being of Cherokee citizens,” Hembree said. “In 2015 and 2016 alone, distributo­rs shipped and pharmacies dispensed 184 million opioid pain pills in the 14 counties in northeast Oklahoma that comprise the Cherokee Nation — or 153 doses for every man, woman and child. The defendants knowingly turned a blind eye to the harm they caused.”

Written with help from out-of-state law firms, the original case pits the Cherokee Nation against some of the biggest names in the pharmaceut­ical industry, including the McKesson Corp., Cardinal Health and Amerisourc­eBergen. Combined, the three companies account for nearly 90 percent of all revenues from drug distributi­on in the United States, according to the original lawsuit.

 ??  ?? Cherokee Nation Attorney General Todd Hembree
Cherokee Nation Attorney General Todd Hembree

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