Inactive Case

Novo Nordisk Inc. et al. v. Department of Health and Human Services et al.

Docket No.
24-2510
Appellate Court
Third Circuit

Goal

  • Declaration that a law is unlawful
  • 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 Plaintiffs argue that the Inflation Reduction Act’s Medicare drug negotiation process violates the First Amendment, Due Process Clause of the Fifth Amendment, the Nondelegation Doctrine, the Administrative Procedure Act, and exceeds statutory authority. In this appeal, the Plaintiffs argue that the district court erred in finding that the Centers for Medicare and Medicaid Services’ actions were 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 (13)

27 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

Separation of Powers, Fourteenth Amendment - Due Process Clause; First Amendment - Free Speech, Administrative Procedure Act - Notice and Comment Violation, Ultra Vires

Date Filed
August 19, 2024
Case Type
Civil
Court Type
Appellate Court
Court
Third Circuit
Judge
Hardiman, Thomas M.; Phipps, Peter J.; Freeman, Arianna J.
Plaintiff(s)
Novo Nordisk Inc.; Novo Nordisk Pharma Inc.
Lead Counsel For Plaintiff(s)
King & Spalding
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)

Law Scholars; Center for American Progress et al.; American Public Health Association et al.; Public Citizen et al.; Patients for Affordable Drugs; AARP et al.; Medicare Experts; Abrams Institute for Freedom of Expression; U.S. Senators