Mike Hunter

Where many may see 2024 as another election year helplessly mired in political controversy, former Oklahoma Attorney General Mike Hunter sees things differently. In a long career in law, government, and the private sector, he learned that controversy and discord are just part of making necessary changes in American society. He used this knowledge during his decadeslong career to find the delicate balance between achieving results and managing the politics of major decisions.

The fourth-generation Oklahoman took a pragmatic approach to his experience as Oklahoma attorney general from 2017 to 2021, navigating the choppy waters of political controversy to make a lasting difference for the state he loves. Mike Hunter overcame seemingly insurmountable challenges, achieving lifesaving results through his bipartisan efforts.

A National First: Successfully Suing Big Pharma

Soon after Mike Hunter became attorney general, he set up and chaired the Oklahoma Commission on Opioid Abuse. Later that year, Hunter filed a lawsuit on behalf of the state against four opioid manufacturers: Purdue Pharma, Allergan, Janssen Pharmaceuticals, and Cephalon. This was a tremendous step at a time when no state had successfully litigated and received funds from a pharmaceutical company for its role in opioid overdoses.

Mike Hunter’s approach changed everything. “To this day, nobody has gotten any money out of Purdue or Purdue’s principals, but we filed the lawsuit against the manufacturers in Oklahoma, and Purdue was intent on trying to settle the case,” he said. Despite naysayers and claims that the lawsuit was a waste of money, Purdue agreed to pay the state $270 million.

While subsequent lawsuits against other manufacturers, including Johnson & Johnson, didn’t pan out, they set a critical legal precedent. Hunter’s trial against Johnson & Johnson introduced the public nuisance defense, which no lawsuit had used previously to challenge these manufacturers.

“We discredited their experts. They had two different experts arguing that they were not the cause of the epidemic. We did research and both of their experts had said the exact opposite of that in lectures or speeches that they’d given,” Mike Hunter explained. “Public nuisance theory is basically if you’re the cause of a harm, then you’re responsible for the harm. It acts to protect the public when regulation doesn’t.”

The judge found Hunter’s argument compelling and ruled against Johnson & Johnson. The Oklahoma Supreme Court eventually reversed the $465 million verdict, but Mike Hunter believes it was still a win, despite the controversy of the case. “We tried that case. Seven-week trial here in Oklahoma, Norman, half a billion dollar verdict, significantly less than we had argued the state needed. We did everything right in that case,” he said.

Settlements Fund Allocations

Oklahoma’s lawsuits against manufacturers were just one source of controversy during Mike Hunter’s tenure as attorney general. Officials also disagreed about how to use the funds from the Purdue lawsuit, complicated by the fact that Purdue was about to declare bankruptcy.

“We wanted to do something creative and effectual with the money,” Hunter explained. However, a tight timeline forced the state to seek out a solution — using a large portion of the money to fund an addiction and research center at Oklahoma State University — that some political opponents found less than satisfactory. Mike Hunter acknowledged everyone’s concerns, but ultimately, he knew something was better than nothing. “There were very legitimate, practical motivations for us to do what we did. №1, we wanted to be outside the 90-day clawback window because [Purdue was] poised to declare bankruptcy,” he explained.

“Purdue liked that they were investing in something that was substantive and directly related to abating the opioid epidemic through addiction science. They would provide an endowment for the National Center for Wellness and Recovery at the Oklahoma State University Center for Health Sciences in Tulsa. We pushed them hard on the numbers because we felt like we had to get as close to $200 million as an endowment for the center as we could get,” he explained. “That was a success I’m proud of, and proud my alma mater, OSU, had the vision and leadership to have established the center in 2018.”

Hunter’s dogged determination set a precedent for states across the country to use these settlements to mitigate the harm of opioids. “Most of the money writ large is being allocated, forwarded to governmental entities within states, cities and counties,” he said. “A lot of states have regions that are supervisory or governing boards for how those monies are spent.”

True Bipartisan Leadership

Partisan politics have led to a decrease in citizens’ trust in their government. In fact, nearly half of all young voters want more options at the ballot box. While America’s two-party system likely isn’t changing anytime soon, Mike Hunter believes that politicians have to be willing to work across the aisle to get anything done. Citizens elect representatives to effect change, and that’s precisely what Hunter wanted.

He took a different view of hot-button issues, looking at the net effect and harm of a problem first before considering the politics of the problem. For example, Hunter asserted that the federal Food and Drug Administration’s failure to act was a significant reason behind the opioid epidemic. In his view, it came down to a failure of regulation. “Regulation did not appropriately do what it should have done, which is to impose restrictions on the use of opioids, and regulation didn’t work. The FDA dropped the ball.” he said.

Mike Hunter believes that issues need policy solutions. But thanks to increasingly partisan politics, it’s getting harder to tackle these issues in a reasonable way. “In my judgment, there is an increasing failure to approach issues in an objective, empirical fashion,” he explained.

After years in politics and public service, Hunter believes leaders must look at the big picture beyond the party line. “The extent to which we let politics drive policy is a shortcoming of the democratic legislative process. Let’s strip all the politics and emotion out of things. Let’s find the best solution we can, and then let’s worry about the politics,” he said.

The Lasting Impact of Mike Hunter’s Reforms Beyond the Bench

Mike Hunter didn’t get all the results he wanted during his time as Oklahoma attorney general, but his team’s legal work had a tremendous impact despite political barriers.

After state lawmakers implemented anti-opioid legislation proposed by the Opioid Commission in 2018, Oklahoma saw a staggering decrease in opioid-related harm. “We had the largest decrease in overdose deaths on a percentage basis of any state in the country,” Mike Hunter explained.

Politics will always be present in the American government. Leaders like Mike Hunter show that taking the high road comes with additional pressure, but the life-changing results speak for themselves.

Originally published at https://www.noobpreneur.com on August 23, 2024.

Few tools are as powerful as a deep understanding of history in the complex world of legal advocacy. Former Oklahoma Attorney General Mike Hunter exemplifies how historical knowledge can shape a distinguished legal career and influence public policy.

“I was trained to be an historian and devolved into an attorney, but history has been an important tool, very, very important asset for me in my career,” Mike Hunter shares. “Knowing the background of things, knowing how things evolved or devolved, how we got to where we are, is valuable and it was really valuable in my work with the Native American tribes.”

Hunter’s academic journey began at Oklahoma State University, where he earned his undergraduate degree in 1978. He then obtained his law degree from the University of Oklahoma College of Law in 1982, serving as president of the student bar association during his time there. Upon graduation, he entered private practice, specializing in energy, real property, public employment law, and utility regulation.

This diverse legal experience, combined with his historical training, allowed Hunter to approach legal issues with a broader perspective, understanding not just the letter of the law but the context in which laws were created and how they evolved.

Perhaps nowhere was Mike Hunter’s historical insight more evident than in his dealings with Native American tribes in Oklahoma. The state’s unique demographic makeup, with the second-most significant number of federally recognized tribes of any state, presented challenges and opportunities.

“The history of how we colonized, particularly the American West is, I’ll be delicate here, I’d say it’s checkered,” says Hunter. “How Native Americans were treated in Oklahoma is, in some instances, horribly, horribly unfair way.

“I always tried to have the history in my mind. I always tried to have the law and the policy and I tried to bring all those things together in a respectful, productive way. I guess a couple of examples there was litigation, multiyear litigation over water rights.

“The city of Oklahoma City wanted to build a pipeline to the southeast part of the state, principally to a lake called Lake Sardis. So the tribes challenged that, Lake Sardis lies within both the Chickasaw and Choctaw historic lands.”

This historical perspective allowed Hunter to navigate the delicate balance between tribal sovereignty and state interests. He was crucial in negotiating a settlement in the long-standing water rights dispute between the state, the city of Oklahoma City, and the Chickasaw and Choctaw tribes

The Opioid Crisis: Leveraging History for Public Health

Perhaps Mike Hunter’s greatest achievement to date was his innovative approach to tackling the devastating opioid crisis. He drew upon historical precedents to craft a novel legal approach, framing the epidemic as a “public nuisance.”

Hunter’s lawsuit against Johnson & Johnson alleged that the company had created a public nuisance by flooding the market with opioids and downplaying their addictive potential. This approach was innovative in its application to a public health crisis, drawing parallels with historical cases involving environmental pollution or other widespread harms to public welfare.

The trial began in May 2019 and was the first of its kind to reach court. On Aug. 26, 2019, Judge Thad Balkman ordered Johnson & Johnson to pay $572 million to the state of Oklahoma. This verdict was groundbreaking, marking the first time a court had held a pharmaceutical company responsible for the opioid crisis.

Balkman affirmed that Johnson & Johnson had created a “public nuisance.”

“The state met its burden,” Balkman said in his comments. “This is a temporary public nuisance that can be abated and the proper remedy for the public nuisance is equitable abatement.”

Unfortunately, the Oklahoma Supreme Court overturned the verdict.

Leadership Lessons From History

Throughout his career, Hunter consistently demonstrated how historical knowledge can enhance leadership in the legal field. His approach offers several valuable lessons:

1. Context is crucial: Understanding the historical context of legal issues can lead to more effectual and equitable solutions.

2. Precedent is powerful: Knowledge of historical precedents will always inform innovative legal strategies.

3. Relationships matter: Awareness of historical relationships, particularly in areas like tribal law, can facilitate more productive negotiations.

4. Long-term perspective: Historical insight encourages leaders to consider the long-term implications of their decisions, not just immediate outcomes.

5. Interdisciplinary approach: Hunter’s blend of historical knowledge and legal expertise showcases the value of interdisciplinary thinking in addressing complex societal issues.

Mike Hunter’s Legacy of Informed Advocacy

Mike Hunter’s career is a testament to the value of interdisciplinary knowledge in the legal field. His ability to draw on historical insights to inform legal strategies and public policy decisions has impacted Oklahoma and beyond.

His approach reminds us of the importance of looking to the past to navigate present and future challenges. It underscores that effective legal advocacy isn’t just about knowing the law, but understanding the broader context in which it operates.

In an era of increasing specialization, Mike Hunter’s career highlights the enduring value of a broad, historically informed perspective in the legal profession. It’s a powerful reminder that sometimes, to move forward effectively, we must first look back.

Originally published at https://legaldesire.com on August 21, 2024.