Novartis Pharmaceuticals Corporation v. Becerra et al.

Docket No.
3:23-cv-14221
District Court
New Jersey

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 negotiation process violates the First Amendment, the Takings Clause of the Fifth Amendment, and the Excessive Fines Clause. 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)

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Related Litigation

Current Status

Decision issued

Legal Issues

Fifth Amendment - Takings Clause, First Amendment - Free Speech Clause, Eighth Amendment - Excessive Fines Clause

Amicus Briefs for Defendant(s)

Public Citizen et al., Abrams Institute For Freedom of Expression, Law Scholars, Center for American Progress et al., American Public Health Association et al., Economists and Health Policy Scholars, Healthcare and Medicare Experts, AARP et al.

Date Filed
September 1, 2023
Case Type
Civil
Court Type
District Court
Court
New Jersey
Judge
Quraishi, Zahid N. Appointed By: Joseph R. Biden Jr.
Plaintiff(s)
Novartis Pharmaceuticals Corporation
Lead Counsel For Plaintiff(s)
Latham & Watkins LLP
Defendant(s)
Xavier Becerra; Department of Health & Human Services; Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services
Lead Counsel for Defendant(s)
Government