Legal Opinion

Coalition for Common Sense in Government Procurement v. United States

District Court, District of Columbia

Decided October 25, 2011No. Civil Action 08-996 (JDB)PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

On January 28, 2008, Congress enacted the National Defense Authorization Act for Fiscal Year 2008 (“NDAA-08”). Section 703 of NDAA-08 requires that pharmaceuticals paid for by the Department of Defense and provided through the TRICARE retail pharmacy program be subject to pricing standards known as Federal Ceiling Prices. The Department promulgated a final rule implementing section 703 on March 17, 2009. Under this rule, pharmaceutical manufacturers were required to refund amounts received in excess of the Federal Ceiling Prices for…

2Cases cited26 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Heckler v. CampbellSupreme Court of the United States · 1983
  5. United States v. Winstar Corp.Supreme Court of the United States · 1996

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3Cited by15 opinions

  1. Coalition for Common Sense in Government Procurement v. United StatesCourt of Appeals for the D.C. Circuit · 2013
  2. Amgen Inc. v. HarganCourt of Appeals for the D.C. Circuit · 2018
  3. Amneal Pharm. LLC v. Food & Drug Admin.Court of Appeals for the D.C. Circuit · 2018
  4. Amgen Inc. v. PriceDistrict Court, District of Columbia · 2018
  5. Amneal Pharmaceuticals LLC v. Food and Drug AdministrationDistrict Court, District of Columbia · 2018

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