Teva Pharmaceuticals USA, Inc. v. Weiser et al.

Docket No.
1:23-cv-02584
District Court
Colorado

Goal

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

Issues

Case History

Amneal Pharmaceuticals LLC v. Weiser et al., No. 1:24-cv-02609, was also filed in the same court challenging the same law and bringing the same claims. The case has been administratively closed pending the appellate decision in Teva Pharmaceuticals USA, Inc. v. Weiser et al.

Why this Matters:

The plaintiffs argue that a Colorado law that requires some drug manufacturers to reimburse or resupply pharmacies following certain purchases of a drug violates the Takings Clause of the Fifth Amendment. Such laws are one approach states are currently pursuing to lower prescription drug costs for their residents.

Potential Impact:

The inability for state policymakers to address prescription drug affordability could negate savings for patients, and more broadly restrict state regulatory authority in the health care arena.

23 Major Filings

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Related Litigation

Current Status

Decision issued

Motion for Preliminary Injunction and Motion to Dismiss Denied

Legal Issues

Fifth Amendment - Takings Clause

Topic(s)

Product Specific Access Laws

Date Filed
October 3, 2023
Case Type
Civil
Court Type
District Court
Court
Colorado
Judge
Domenico, Daniel D. Appointed By: Donald Trump
Plaintiff(s)
Teva Pharmaceuticals USA, Inc.
Lead Counsel For Plaintiff(s)
Kirkland & Ellis LLP
Defendant(s)
Michael Conway (Dismissed); Philip J. Weiser; Patricia A. Evacko; Eric Frazer; Ryan Leyland; Jayant Patel; Avani Soni; Kristen Wolf; Alexandra Zuccarelli
Lead Counsel for Defendant(s)
Government