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The Cherokee Nation says consulting firm McKinsey & Co. is trying to slip out of claims it made the opioid crisis worse by advising manufacturers and delaying regulators.
In a Monday court filing, the tribe asked an Oklahoma federal court to send its complaint against the consulting company back to state court, after McKinsey & Co. removed it from state to federal court last week, Law360 reported.
The Cherokee Nation said the removal of the case was “a naked attempt to delay any accountability for years of misconduct.”
The tribe argued there was no basis for federal jurisdiction in the case because its claims arise exclusively from state law and the Nation’s claims implicate no federal question.
It is seeking to prevent its complaint from being added to a federal multidistrict litigation underway.
“McKinsey’s goal in removing this case is undoubtedly to delay justice and compensation for the Nation and its citizens,” the tribe reportedly said.
“The resulting delay would allow the illegal diversion of opioids into the Nation to continue indefinitely, threatening the lives and wellbeing of its citizens, despite the absence of federal jurisdiction.”
However, McKinsey & Co. argued that The Cherokee Nation only brought state law claims in an apparent effort to evade federal jurisdiction, Law360 reported.
The lawsuit, filed June in Sequoyah County court, alleges McKinsey advised drug makers, distributors and retailers of opioids, amplifying the opioid epidemic.
Not only that, it also organized against regulation of the industry, the Nation alleges.
McKinsey argued that The Cherokee Nation could not bring a state claim against it because a comprehensive federal regime already governs the funding and provision of healthcare for members of Indian tribes.
But the tribe hit back Monday, saying that getting federal funding through the Indian Health Service doesn’t create an issue.
McKinsey has already struck more than $573 million in settlements over claims it provided its services in the form of sales and marketing strategies aimed at increasing sales of prescription opioid drugs.
The deal was reached in February with attorneys general in 47 states, five territories and the District of Columbia after legal filings revealed McKinsey was promoting and pushing prescriptions to opioid painkillers.
In addition to paying out a total of $600 million, McKinsey agreed to releasing all its documents relating to the opioid scandal. Arizona Attorney General Mark Brnovich says there are tens of thousands of these internal documents following allegations some of its partners were destroying paper trails.
What do you think of the claims against McKinsey? Let us know in the comments!
The Cherokee Nation is represented by Attorney General Sara Hill, Deputy Attorney General Chrissi Ross Nimmo and Assistant Attorney General John Young; Frank Sullivan III of Sullivan & Sullivan PLLC, Michael Burrage, and Randa K. Reeves of Whitten Burrage; and Richard W. Fields, Edward Han, and Martin Cunniff of Fields PLLC.
The Cherokee Nation McKinsey Federal Case is The Cherokee Nation v. McKinsey & Co. Inc., Case No. 6:21-cv-00200, in the U.S. District Court for the Eastern District of Oklahoma.
The Cherokee Nation McKinsey State Case is The Cherokee Nation v. McKinsey & Co. Inc., Case No. CJ-21-76, in the District Court of Sequoyah County, Oklahoma.
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