| 25-749 |
Janssen Pharmaceuticals, Inc. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-12-23 |
Pending |
|
drug-pricing economic-coercion fifth-amendment first-amendment government-compulsion medicare-negotiation |
1. Does the Program violate the First Amendment by compelling Janssen to express the Government's disputed messages regarding drug pricing?
2. Does t… |
| 25-751 |
Bristol Myers Squibb Company v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-12-23 |
Pending |
Amici (1) |
constitutional-rights drug-pricing first-amendment government-compulsion medicare-negotiation takings-clause |
As part of the Inflation Reduction Act of 2022, Congress created the "Medicare Drug Price Negotiation Program." Under the Program, manufacturers of th… |
| 25A519 |
Bristol Myers Squibb Company v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-11-05 |
Application |
|
constitutional-challenge drug-pricing fifth-amendment first-amendment inflation-reduction-act medicare-drug-negotiation |
Whether the Medicare Drug Price Negotiation Program created by the Inflation Reduction Act of 2022 violates the Fifth and First Amendments |
| 24-118 |
Pharmaceutical Research and Manufacturers of America v. Alan McClain, in His Official Capacity as Commissioner of the Arkansas Insurance Department, et al. |
Eighth Circuit |
2024-08-02 |
Denied |
Amici (1) |
340b-drug-pricing-program administrative-enforcement administrative-law contract-pharmacies contract-pharmacy drug-pricing federal-preemption federal-regulation healthcare-policy state-preemption state-regulation statutory-interpretation |
Whether the Eighth Circuit erred in holding—in conflict with the decisions of other circuits and this Court—that a State may strip manufacturers of th… |
| 23A1105 |
Vanda Pharmaceuticals Inc. v. Centers for Medicare & Medicaid Services, et al. |
Fourth Circuit |
2024-06-11 |
Presumed Complete |
|
administrative-law cms-regulation drug-pricing line-extension medicaid-drug-rebate statutory-interpretation |
Whether the Centers for Medicare and Medicaid Services exceeded its statutory authority by expanding the definition of 'line extension' drug beyond Co… |
| 18-546 |
Brian E. Frosh, Attorney General of Maryland, et al. v. Association for Accessible Medicines |
Fourth Circuit |
2018-10-25 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
commerce-clause consumer-protection dormant-commerce-clause drug-pricing extraterritoriality federalism generic-drugs prescription-drugs price-control price-gouging state-police-powers state-regulation |
Does the Commerce Clause prohibit a state from protecting consumer access to essential off-patent and generic prescription drugs by requiring manufact… |