Western Michigan University Thomas M. Cooley Law Review - Volume 34 | 2017 | Fall Issue

TUG V. MINGO: LET THE PLAINTIFFS SUE— OPIOID ADDICTION, THE WRONGFUL CONDUCT RULE, AND THE CULPABILITY EXCEPTION LAUREN ROUSSEAU* I. ERIC NORDAN** ABSTRACT The United States is in the throes of a drug epidemic that is killing an average of 175 people per day, driven largely by addiction to opioid drugs. The drive to obtain these drugs often leads to criminal behavior, such as forging prescriptions, lying to obtain drugs, and unlawfully possessing and using drugs – behavior which has also been recognized as symptomatic of the disease of addiction. Many jurisdictions have adopted some form of the “wrongful conduct rule”, which in essence provides that when a claim is based in whole or in part on a party’s * Lauren Rousseau is a tenured Professor of Law at Western Michigan University Cooley Law School. She chairs the school’s Civil Procedure, Evidence & Practice Skills Department, and has served as Assistant Dean at two of the school’s campuses. She also sits on the Boards of Directors of several nonprofit organizations, including the Northwest Wayne County Chapter of Families Against Narcotics, where she serves as President; Home of New Vision, an addiction treatment nonprofit corporation; and Access to Bankruptcy Court, a nonprofit corporation providing pro bono bankruptcy services to indigent clients. She has spoken and written extensively on the subject of addiction and the opioid epidemic, including co-presenting a webinar for the State Bar of Michigan on this subject. In September 2016, Professor Rousseau was honored as one of Michigan Lawyers Weekly’s Women in the Law, in recognition of her work in the realm of addiction treatment, education, and advocacy. Before coming to WMU Cooley, Professor Rousseau held positions as general counsel of a mid-sized automotive supplier; senior litigation attorney at Ford Motor Company; and associate attorney for the Detroit law firm Dykema Gossett. She received both her Bachelor of Arts degree and her Juris Doctor degree from the University of Michigan. She can be contacted at rousseal@cooley.edu. ** Dr. I. Eric Nordan, RPh. will graduate from the WMU-Cooley Law School— summa cum laude—in January 2018. He is a graduate of the University of Michigan with a BS in Chemistry and Medicinal Chemistry as well as a Doctor of Pharmacy.

Working as a community pharmacist for over 15 years and as a pharmacy compliance/FWA auditor for 6 years, Dr. Nordan developed a strong interest in the mechanisms and complications of opioid misuse and abuse. He currently works as a law clerk/consultant in Birmingham, Michigan and may be contacted at nordani@cooley.edu.