Legal Opinion

Pharmaceutical Research & Manufacturers of America v. Concannon

Court of Appeals for the First Circuit

Decided May 16, 2001No. 00-2446PublishedCited by 122 opinions

1Opinion of the Court

BOWNES, Senior Circuit Judge.

In this case, we consider whether a Maine statute providing for affordable prescription drugs can survive facial constitutional challenges. On October 26, 2000, the district court issued a preliminary injunction preventing the implementation of the statute on the ground that it is preempted by the Supremacy Clause and violates the dormant Commerce Clause. We reverse.

I. BACKGROUND

On May 11, 2000, the Governor of Maine signed into law an Act to Establish Fairer Pricing for Prescription Drugs, 2000 Me. Legis. Ch. 786 (S.P.1026) (L.D.2599) (the “Act”), which…

2Cases cited43 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Griswold v. ConnecticutSupreme Court of the United States · 1965
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Craig v. BorenSupreme Court of the United States · 1976
  5. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970

38 more not listed; retrieve them via the Exa API.

3Cited by122 opinions

  1. Pharmaceutical Research and Manufacturers of America v. Walsh, Acting Commissioner, Maine Department of Human ServicesSupreme Court of the United States · 2003
  2. Freedom Holdings Inc. v. SpitzerCourt of Appeals for the Second Circuit · 2004
  3. The Wilderness Soc. v. Kane County, UtahCourt of Appeals for the Tenth Circuit · 2011
  4. Wine & Spirits Retailers, Inc. v. Rhode IslandCourt of Appeals for the First Circuit · 2007
  5. Pharmaceutical Care Management Ass'n v. RoweCourt of Appeals for the First Circuit · 2005

117 more not listed; retrieve them via the Exa API.

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