Inactive Case

United Therapeutics Corporation v. Espinosa et al.

Docket No.
1:21-cv-01686
District Court
District of Columbia

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful
  • Vacate agency action

Issues

Case History

Why this Matters:

The plaintiff argues that certain agency enforcement and regulatory actions requiring drug manufacturers to offer discounted prescription drugs to contract pharmacies under the 340B Drug Pricing Program without the ability to impose any sales conditions violate the Administrative Procedure Act. The growth of the 340B program and practices by certain providers and contract pharmacies have raised concerns about oversight and abuse of the program—to the tune of billions of dollars.

Potential Impact:

Requiring drug manufacturers to offer discounted prescription drugs to certain contract pharmacies under the 340B Drug Pricing Program would remove one avenue to combatting potential abuse of the program.



27 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Arbitrary and Capricious

Amicus Briefs for Defendant(s)

American Hospital Association et al.

Date Filed
June 23, 2021
Case Type
Civil
Court Type
District Court
Court
District of Columbia
Judge
Friedrich, Dabney L. Appointed By: Donald Trump
Plaintiff(s)
United Therapeutics Corporation
Lead Counsel For Plaintiff(s)
Latham & Watkins LLP
Defendant(s)
Diana Espinosa; Health Resources and Services Administration; Xavier Becerra; Department of Health and Human Services
Lead Counsel for Defendant(s)
Government