In April of this year, the state of Nevada agreed to relinquish its supply of drugs intended for executions to the pharmaceutical companies who manufactured them as part of a settlement agreement in the case of Alvogen, Inc. v. Nevada.
This settlement marks the conclusion of a lawsuit filed by Alvogen in July 2018 after the state of Nevada fraudulently acquired drugs for use in an upcoming execution. Alvogen was subsequently joined in the lawsuit by two additional companies, Hikma Pharmaceuticals and Sandoz.
In September 2018, a district court issued an injunction in Alvogen’s favor, blocking the use of the drugs in executions and finding that the state used ‘subterfuge’ and ‘bad faith’ to obtain the medicines. The court noted that because the state was aware of Alvogen’s restricted distribution agreements, the state ‘could not be a good faith purchaser for value and could only have acquired voidable title.’
Following the settlement and dismissal of the case this month, State Attorney General Aaron Ford acknowledged that the state no longer has the drugs to carry out further executions.
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