Legal Opinion

Pharmaceutical Research & Manufacturers of America v. Thompson

Court of Appeals for the D.C. Circuit

Decided June 8, 2001No. 01-5029PublishedCited by 52 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Medicaid statute requires pharmaceutical manufacturers to rebate a portion of the price of their drugs as a condition for participating in Medicaid. In this case, pharmaceutical manufacturers challenge the Department of Health and Human Service’s approval of a Vermont demonstration project requiring the manufacturers to rebate a portion of the price of drugs purchased directly by certain individuals who are not otherwise covered by the state’s Medicaid program. Because Congress imposed the rebate requirement in order…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Christensen v. Harris CountySupreme Court of the United States · 2000
  4. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  5. Pharmaceutical Research & Manufacturers of America v. United StatesDistrict Court, District of Columbia · 2001

3Cited by52 opinions

  1. Consumer Electronics Ass'n v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2003
  2. Loving v. Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2014
  3. National Cable & Telecommunications Ass'n v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2009
  4. Friends of Blackwater v. Kenneth SalazarCourt of Appeals for the D.C. Circuit · 2012
  5. Ctzn Coal Cncl v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2003

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