Inactive Case

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

Why this Matters:

The plaintiff argues that a Colorado law that caps the cost of EpiPens violates the Takings Clause of the Fifth Amendment. Setting limits on costs of prescription drugs is 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.

32 Major Filings

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Related Litigation

Current Status

Case Dismissed

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 (Dismissed); Eric Frazer (Dismissed); Ryan Leyland (Dismissed); Jayant Patel (Dismissed); Avani Soni (Dismissed); Kristen Wolf (Dismissed); Alexandra Zuccarelli (Dismissed)
Lead Counsel for Defendant(s)
Government