Express Scripts v. Anne Arundel Cnty.

Express Scripts, Inc., et al. v. Anne Arundel County, Maryland, Misc. No. 1, September Term, 2025, Opinion by Booth, J. CERTIFIED QUESTION—MARYLAND COMMON LAW OF PUBLIC NUISANCE Pursuant to a certification order from the United States District Court for the District of Maryland, the Supreme Court of Maryland (“Supreme Court”) was requested to answer the following questions: 1. Under Maryland’s common law, can the licensed dispensing of, or administration of benefit plans for, a controlled substance constitute an actionable public nuisance? 2. If so, what are the elements of such a public…