- Docket No.
- 1:23-cv-00931
- District Court
- Delaware, Wilmington
Goal
- Block the government from applying the IRA to the plaintiff
- Declaration that the government's definition of key terms of the IRA violate the Administrative Procedure Act
- Declaration that the IRA is unconstitutional and violates the Due Process Clause
Issues
Litigation Content
Why this Matters:
The plaintiffs argue that the Inflation Reduction Act’s Medicare drug negotiation process violates the Administrative Procedure Act and Due Process Clause of the Fifth Amendment. Medicare’s authority to negotiate the price of certain single-source, high-priced drugs is estimated to result in substantial savings for Medicare beneficiaries and the federal government.
Potential Impact:
Successful challenges to Medicare’s negotiation authority would negate savings to Medicare beneficiaries and taxpayers, and could severely restrict federal regulatory authority in the health care arena.
News And Analysis (5)
20 Major Filings
- NOTICE OF APPEAL (Apr 29, 2024)
- ORDER (Mar 1, 2024)
- MEMORANDUM OPINION (Mar 1, 2024)
- Defendants' SUPPLEMENTAL RESPONSE (Feb 12, 2024)
- Plaintiff's SUPPLEMENTAL BRIEF (Feb 12, 2024)
- ORDER (Feb 6, 2024)
- ORAL ARGUMENT TRANSCRIPT (Jan 31, 2024)
- DEFENDANTS' REPLY IN SUPPORT OF SUMMARY JUDGMENT MOTION (Jan 5, 2024)
- DECLARATION from Counsel to AstraZeneca (Dec 1, 2023)
- DECLARATION from AstraZeneca (Dec 1, 2023)
- BRIEF IN OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT AND REPLY (Dec 1, 2023)
- AMICUS BRIEF (AARP et al.) (Nov 8, 2023)
- AMICUS BRIEF (Economists and Scholars of Health Policy) (Nov 8, 2023)
- AMICUS BRIEF (Nationally Recognized Health Care and Medicare Experts) (Nov 8, 2023)
- AMICUS BRIEF (Public Citizen et al.) (Nov 2, 2023)
- OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION (Nov 1, 2023)
- Plaintiffs' MOTION FOR SUMMARY JUDGMENT (Sep 26, 2023)
- AMENDED COMPLAINT (Sep 26, 2023)
- STIPULATION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT (Sep 19, 2023)
- COMPLAINT (Aug 25, 2023)