Inactive Case

Boehringer Ingelheim Pharmaceuticals Inc. v. Department of Health and Human Services et al.

Docket No.
24-2092
Appellate Court
Second Circuit

Goal

  • Declaration that agency action is unlawful

Issues

Case History

The Supreme Court denied cert in this case; all relevant Supreme Court filings can be found here.

Potential Impact:

Why this Matters:

The Plaintiff argues that the Inflation Reduction Act’s Medicare drug negotiation process violates the Due Process Clause of the Fifth Amendment, Takings Clause of the Fifth Amendment, First Amendment, Eighth Amendment, Unconstitutional Conditions doctrine, and the Administrative Procedure Act. In this appeal, the Plaintiff argues that the district court erred in finding the drug negotiation process lawful.

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 (3)

33 Major Filings

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Related Litigation

Current Status

Decision issued

Appeal Filed

Legal Issues

Fifth Amendment - Due Process Cause; Fifth Amendment - Takings Clause; First Amendment - Free Speech Clause; Eighth Amendment - Excessive Fines Clause; Administrative Procedure Act - Notice and Comment Violation

Date Filed
August 8, 2024
Case Type
Civil
Court Type
Appellate Court
Court
Second Circuit
Judge
Leval, Pierre N.; Bianco, Joseph F.; Nardini, William J.
Plaintiff(s)
Boehringer Ingelheim Pharmaceuticals Inc.
Lead Counsel For Plaintiff(s)
Covington & Burling LLP
Amicus Briefs for Plaintiff(s)

Independent Women’s Law Center; New Civil Liberties Alliance; Atlantic Legal Foundation; Teva Pharmaceuticals USA Inc.; Fresenius Kabi; Institute for Free Speech; Chamber of Commerce; Daniel E. Troy; National Taxpayers Union Foundation; Pioneer Public Interest Law Center

Defendant(s)
Department of Health and Human Services; Xavier Becerra; Centers for Medicare and Medicaid Services; Chiquita Brooks-Lasure
Lead Counsel for Defendant(s)
Government
Amicus Briefs for Defendant(s)

Public Citizen et al.; Constitutional Accountability Center; AARP et al.; APHA et al.; Patients for Affordable Drugs; Law Scholars; Center for American Progress et al.; Medicare Experts