IRA Litigation Landscape: Where The Cases Are And Where They Are Headed
Pink Sheet infographic details the district court judges and circuit courts that will be deciding the cases brought by industry against the IRA, breaking down the Democrat and Republican appointees as well as the arguments in each suit.
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Medicare Drug Pricing In Court: Judge Praises ‘Zealous Advocacy’ Of Attorneys In First Hearing On IRA
DOJ and Chamber of Commerce attorneys argue over whether Chamber has standing to sue and whether AbbVie has suffered harm meriting a preliminary injunction to halt the program. With Medicare’s Oct. 2 deadline looming, Judge Newman said he would issue a decision ‘as quickly as we can.’
The nine drug manufacturers with products selected for Medicare drug price negotiations have agreed to participate in the program. Seven of them now have pending suits challenging the Inflation Reduction Act program with Novo’s recent complaint, which objects to the aggregation of its insulin products.
Drug manufacturers will have to participate in the Medicare drug price negotiation process for the foreseeable future. Judge Newman's finding that participation in Medicare is voluntary could defeat constitutional challenges to the program and have an impact on other cases.