Tennessee Court of Appeals Orders Recusal of Trial Court Judge and Vacates Default Judgment on Liability Against Endo
Endo International plc (NASDAQ: ENDP) announced that the Tennessee Court of Appeals has reversed a trial court's denial of a motion for recusal related to Clay County et al. v. Purdue Pharma, L.P. This ruling mandates a new judge for the ongoing case involving claims from 13 counties and 22 cities alleging Endo violated Tennessee's Drug Dealer Liability Act. Additionally, the court vacated sanctions imposed on Endo, including a default judgment for purported discovery violations, to uphold confidence in the judiciary.
- Court ruling promotes potential for a fair trial with a new judge.
- Sanctions and default judgment against Endo have been vacated.
- Ongoing litigation poses risk of financial liabilities.
- Public scrutiny and implications from the judicial process could impact share value.
DUBLIN, April 20, 2022 /PRNewswire/ -- Endo International plc (NASDAQ: ENDP) today announced that the Tennessee Court of Appeals has reversed a trial court judge's order denying a motion for recusal by Endo's wholly-owned subsidiaries Endo Health Solutions Inc. and Endo Pharmaceuticals Inc. (collectively, Endo or the Company) in Clay County et al. v. Purdue Pharma, L.P., et al., (formerly known as Dunaway, et al. v. Purdue Pharma, L.P., et al.), pending in the Circuit Court for Cumberland County, Tennessee, and remanded the case for transfer to a different judge.
In so doing, the Tennessee Court of Appeals also vacated the trial court judge's order imposing sanctions on Endo for alleged discovery violations, including the entry of a default judgment on liability.
The Tennessee Court of Appeals noted that its ruling was necessary "to promote confidence" in the judiciary after finding that the trial court judge, through various public comments and social media activity following his February 2022 entry of the default judgment, "positioned himself publicly as an interested community advocate…not an impartial adjudicator presiding over litigation."
The Clay County case involves claims by 13 Tennessee counties, 22 cities and towns within those counties and an individual plaintiff alleging that Endo's sale of prescription opioid medications violated Tennessee's Drug Dealer Liability Act.
Endo (NASDAQ: ENDP) is a specialty pharmaceutical company committed to helping everyone we serve live their best life through the delivery of quality, life-enhancing therapies. Our decades of proven success come from passionate team members around the globe collaborating to bring the best treatments forward. Together, we boldly transform insights into treatments benefiting those who need them, when they need them. Learn more at www.endo.com or connect with us on LinkedIn.
Certain information in this press release may be considered "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and any applicable Canadian securities legislation including, but not limited to, any statements relating to the status or outcome of litigation or settlement discussions. Statements including words or phrases such as "believe," "expect," "anticipate," "intend," "estimate," "plan," "will," "may," "look forward," "intend," "future," "potential" or similar expressions are forward-looking statements. All forward-looking statements in this press release reflect Endo's current expectations of future events based on existing trends and information and represent Endo's judgment only as of the date of this press release. Actual results may differ materially and adversely from current expectations based on a number of factors affecting Endo's businesses, including, among other things, the following: the outcome of our strategic review, contingency planning and any potential restructuring; the timing, impact or results of any pending or future litigation, investigations or claims or actual or contingent liabilities, settlement discussions, negotiations or other adverse proceedings; our ability to satisfy judgments or settlements or pursue appeals including bonding requirements; our ability to adjust to changing market conditions; our ability to attract and retain key personnel; our inability to maintain compliance with financial covenants and operating obligations which would expose us to potential events of default under our outstanding indebtedness; our ability to incur additional debt or equity financing for working capital, capital expenditures, business development, debt service requirements, acquisitions or general corporate or other purposes; our ability to refinance our indebtedness; a significant reduction in our short-term or long-term revenues which could cause us to be unable to fund our operations and liquidity needs or repay indebtedness. The occurrence or possibility of any such result has caused us to engage, and may result in further engagement in strategic reviews that ultimately may result in our pursuing one or more significant corporate transactions or other remedial measures, including on a preventative or proactive basis. Those remedial measures could include a potential corporate reorganization, restructuring or bankruptcy filing involving all or a portion of our business, asset sales or other divestitures, cost-saving initiatives, corporate realignments or strategic partnerships. Some of these measures could take significant time to implement and others may require judicial or other third-party approval. Any such actions may be complex, could entail significant costs and charges or could otherwise negatively impact shareholder value, and there can be no assurance that we will be able to accomplish any of these alternatives on terms acceptable to us, or at all, or that they will result in their intended benefits. Therefore, the reader is cautioned not to rely on these forward-looking statements. Endo expressly disclaims any intent or obligation to update these forward-looking statements, except as required to do so by law. Additional information concerning risk factors, including those referenced above, can be found in press releases issued by Endo, as well as Endo's public periodic filings with the U.S. Securities and Exchange Commission and with securities regulators in Canada, including the discussion under the heading "Risk Factors" in Endo's most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q or other filings with the U.S. Securities and Exchange Commission.
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SOURCE Endo International plc
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