In re: Express Scripts, Inc.

── In re: Express Scripts, Inc. ── Court: Court of Appeals for the Fourth Circuit Date: May 15, 2026 Category: General USCA4 Appeal: 25-2281 Doc: 39 Filed: 05/15/2026 Pg: 1 of 26 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-2281 In re: EXPRESS SCRIPTS, INC., Petitioner. On Petition for Writ of Mandamus. United States District Court for the Northern District of West Virginia at Wheeling. John Preston Bailey, District Judge. (5:24-cv-142-JPB) Argued: March 19, 2026 Decided: May 15, 2026 Before NIEMEYER, RICHARDSON, and HEYTENS, Circuit Judges. Petition granted in part by published opinion. Judge Richardson wrote the opinion, in which Judge Niemeyer and Judge Heytens join. ARGUED: Christopher George Michel, QUINN EMANUEL URQUHART & SULLIVAN, LLP, Washington, D.C., for Petitioner. Anthony J. Majestro, POWELL & MAJESTRO, PLLC, Charleston, West Virginia, for Respondents. ON BRIEF: Charles R. Bailey, Justin C. Taylor, BAILEY & WYANT, PLLC, Charleston, West Virginia; William J. Ihlenfeld, Maximillian F. Nogay, FLANNERY GEORGALIS, LLC, Morgantown, West Virginia; Michael J. Lyle, Jonathan G. Cooper, QUINN EMANUEL URQUHART & SULLIVAN, LLP, Washington, D.C., for Petitioner. Christina L. Smith, POWELL & MAJESTRO, PLLC, Charleston, West Virginia; Paul T. Farrell, Jr., Michael J. Fuller, Jr., FARRELL & FULLER, LLC, San Juan, Puerto Rico; Robert P. Fitzsimmons, Clayton J. Fitzsimmons, Mark A. Colantonio, Christine Pill Fisher, FITZSIMMONS LAW FIRM, PLLC, Wheeling, West Virginia, for Respondents. USCA4 Appeal: 25-2281 Doc: 39 Filed: 05/15/2026 Pg: 2 of 26 RICHARDSON, Circuit Judge: The right to a jury trial was “the glory of the English law.” 3 William Blackstone, Commentaries *379 (1768). So the Founders enshrined it in the Seventh Amendment, ensuring that the right would be preserved in “Suits at common law.” U.S. Const. amend. VII. In this case, Plaintiffs—120 local governments in West Virginia—brought a public- nuisance claim against Express Scripts. They allege that Express Scripts contributed to the oversupply of opioids in their communities. For their remedy, they seek an “abatement fund” that would pay not only for the removal of this oversupply, but also for addiction treatment, education, and community rehabilitation. Express Scripts demanded a jury trial, which the district court denied. Express Scripts then petitioned this Court for a writ of mandamus to vindicate its right to a jury trial. We grant the writ. The Seventh Amendment entitles litigants to a jury trial unless the claim would have been heard, and the remedy awarded, by courts of equity at the Founding. In public- nuisance cases, only courts of law could provide money damages to redress the downstream harms of a public nuisance. Part of the relief Plaintiffs seek—including funding to treat addicts and to educate the public about opioid risks—is a classic legal remedy. Plaintiffs’ proposed remedy thus goes beyond what a court of equity could have provided in 1791. So Express Scripts is entitled to a jury trial. I. BACKGROUND Plaintiffs—120 cities, towns, and counties across West Virginia—sued Express Scripts—a pharmacy benefit manager—alleging that it created a public nuisance. They 2 USCA4 Appeal: 25-2281 Doc: 39 Filed: 05/15/2026 Pg: 3 of 26 claim that Express Scripts interfered with public rights to health and safety by contributing