Legal Opinion
Pharmaceutical Research & Manufacturers of America v. United States Department of Health & Human Services
Court of Appeals for the D.C. Circuit
Decided October 14, 2015No. Civil Action No.: 14-1685 (RC)PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
Denying Dependants’ Motion por Summary Judgment and Granting Plaintiff’s Motion for Summary Judgment.
RUDOLPH CONTRERAS, United States District Judge
I. INTRODUCTION
The Court previously vacated a Final Rule promulgated by the Secretary of the Department of Health and Human Services (“HHS”) that addressed the circumstances in which an orphan drug must be offered at a discounted price pursuant to section 340B of the Public Health Service Act (“PHSA”). The Court concluded that HHS lacked the statutory authority to promulgate that rule. See Pharm Research & Mfrs. of Am. v. U.S.…
2Cases cited46 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Bennett v. SpearSupreme Court of the United States · 1997
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3Cited by10 opinions
- Am. Acad. Pediatrics v. Food & Drug Admin.District Court, D. Maryland · 2019
- Philip Morris USA Inc. v. United States Food and Drug AdministrationDistrict Court, District of Columbia · 2016
- Am. Bar Ass'n v. U.S. Dep't of Educ.Court of Appeals for the D.C. Circuit · 2019
- Otay Mesa Prop., L.P. v. U.S. Dep't of the InteriorCourt of Appeals for the D.C. Circuit · 2018
- Eb5 Holdings Inc. v. JaddouDistrict Court, District of Columbia · 2024
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