As states weigh their options, the history of past settlements will be a factor. One state signed onto the settlement with the distributors but opted out of the deal with J&J, netting it millions more, and with faster payment, than it would have received under the national settlement.

J&J and distributors have enough participation from states and subdivisions to move forward with $26bn settlement. The deal, the second largest in US history, may provide a framework for other companies to reach similar agreements. Jury trials remain pending in several states.

NY AG has ‘no comment’ on whether criminal charges will be pursued against company executives; NC AG predicts ‘north of 40 states’ expected to accept settlement and would then need to convince municipalities to come on board. States with ongoing litigation against manufacturers may opt for jury trial instead.