Bristol Myers Squibb Co. v. Becerra et al.

Docket No.
24-1820
Appellate Court
Third Circuit

Goal

  • Block enforcement of a law
  • Declaration that a law is unlawful

Issues

Case History

Why this Matters:

The Plaintiff argues that the Inflation Reduction Act’s Medicare drug price negotiation process violates the First Amendment and the Takings Clause of the Fifth Amendment. In this appeal, the Plaintiff argues that the district court erred in upholding the drug price negotiation process.

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 (2)

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Related Litigation

Current Status

Decision issued

Legal Issues

First Amendment - Free Speech Clause, Fifth Amendment - Takings Clause

Amicus Briefs for Neither Party

Alliance for Aging Research

Amicus Briefs for Plaintiff(s)

Atlantic Legal Foundation, Washington Legal Foundation, Teva Pharmaceuticals USA Inc., Fresenius Kabi, Manhattan Institute, Buckeye Institute, Institute for Free Speech, Chamber of Commerce, Pioneer Public Interest Law Center, National Association of Manufacturers, Daniel E. Troy, National Taxpayers Union Foundation, New Civil Liberties Alliance, Independent Women’s Forum, Biotechnology Innovation Organization

Amicus Briefs for Defendant(s)

Patients for Affordable Drugs, The American Public Health Association et al., Public Citizen et al., Constitutional Accountability Center, AARP et al., Law Scholars, Recognized Healthcare and Medicare Experts, Abrams Institute for Freedom of Expression, U.S. Senators, Center for American Progress, NAACP, The Century Foundation, Economists and Scholars of Health Policy

Date Filed
May 6, 2024
Case Type
Civil
Court Type
Appellate Court
Court
Third Circuit
Judge
Hardiman, Thomas M.; Phipps, Peter J.; Freeman, Arianna J.
Plaintiff(s)
Bristol Myers Squibb Company
Lead Counsel For Plaintiff(s)
Jones Day
Defendant(s)
Xavier Becerra, Department of Health & Human Services; Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services
Lead Counsel for Defendant(s)
Government