[]
Pub. L. 117-169, see Subtitle B, sec. 11001, Social Security Act secs. 1191-1198; sec. 11002; secs. 11101-11102; secs. 11201-11202; sec. 11301; secs. 11401-11408.
Congressional consideration of Inflation Reduction Act
Senate, August 2, 2022
Senate, August 3, 2022
Senate, August 6, 2022
Cases, a 9/23/24 summary
CONNECTICUT
Boehringer Ingelheim Pharmaceuticals v. U.S. D.H.H.S., No. 3:23-cv-1103 (D. Conn., filed Aug. 18, 2023)
No. 24-2092 (2d Cir.)
Summary judgment to US, appeal pending (9/23/24)
Ruling, July 3, 2024
Notice of appeal, July 26, 2024
Second Circuit # 24-2092
Opening brief and joint appendix, November 4, 2024
Pro-appellant amicus briefing
US brief, January 15, 2025
Amicus briefs:
Appellants’ motion for expanded and divided argument, March 5, 2025
Order expanding and dividing argument, March 18, 2025
===
DELAWARE
AstraZeneca Pharmaceuticals LP v. Becerra, No. 1:23-cv-931 (D. Del., filed Aug. 25, 2023)
No. 24-1819 [consolidated for decision with New Jersey appeals]
Summary judgment to US, appeal pending (9/23/24)
Opinion, March 1, 2024
DISTRICT OF COLUMBIA
Merck & Co. v. Becerra, No. 1:23-cv-1615 (D. D.C., filed June 6, 2023)
Cross-motions for summary judgment pending (9/23/24)
NORTHERN ILLINOIS
Astellas Pharma v. Dep’t of Health and Human Services, No. 1:23-cv-4578 (N.D. Ill., filed July 14, 2023)
Voluntarily dismissed
Notice of voluntary dismissal, September 6, 2023
NEW JERSEY
Bristol Myers Squibb Co. v. Becerra, No. 3:23-cv-3335 (D. N.J., filed June 16, 2023)
Janssen Pharmaceuticals v. Becerra, No. 3:23-cv-3818 (D. N.J., filed July 18, 2023)Nos. 24-1820 and -1821 (3d Cir.)
Summary judgment to US, appeals pending
Opinion, April 29, 2024
Novo Nordisk v. Becerra, No. 3:23-cv-20814 (D. N.J., filed September 29, 2023)
No. 24-2510 (3d Cir.)
Summary judgment to US, appeal pending
Summary judgment opinion, July 31, 2024
===
SOUTHERN OHIO
Dayton Area Chamber of Commerce v. Becerra, No. 3:23-cv-156 (S.D. Ohio, filed June 9, 2023)
Dismissed for lack of associational standing
Order, August 8, 2024
WESTERN TEXAS
National Infusion Center Ass’n v. Becerra, No. 1:23-cv-707 (W.D. Tex., filed June 21, 2023)
No. 24-50180 (5th Cir.)
Summary judgment to US, partly reversed [405(h)]
Opinion, February 12, 2024
Partial reversal
Opinion, September 20, 2024
+++
Cases, in chronological order, with briefing schedules if any
Merck & Co. v. Becerra, No. 1:23-cv-1615 (D. D.C., filed June 6, 2023)
Plaintiffs’ SJ 7/11/23; Def’s SJ/x 9/11/23; Pltfs’ R/xo 10/19/23; Def’s R 11/29/23
++
Dayton Area Chamber of Commerce v. Becerra, No. 3:23-cv-156 (S.D. Ohio, filed June 9, 2023)
Plaintiff’s PI 7/12/23; Def’s PI op/mo dism, 8/11/23; Pltfs’ reply/op, 8/25/23; Def’s R 9/8/23; hearing, 9/15/23, 2 PM EDT; Plaintiffs’ SJ, 11/8/23; Def’s SJ op XSJ mo, 12/15/23; Pltfs’ XSJ op/SJ reply, 1/10/24; Def’s xsj reply, 2/14/24
++
Bristol Myers Squibb Co. v. Becerra, No. 3:23-cv-3335 (D. N.J., filed June 16, 2023)
Pltf’s sj, 8/16/23; Defs’ op/xsj, 10/16/23; Pltf’s op/reply, 11/24/23; Defs’ reply, 12/22/23
++
National Infusion Center Ass’n v. Becerra, No. 1:23-cv-707 (W.D. Tex., filed June 21, 2023)
Pltfs’ SJ, 8/10/23; Defs’ m dism, 8/; Pltfs’ dism op, 9/25/23; Defs’ reply, 10/13/23 [Vacated: Defs’ op/xmo, 9/29/23; Pltfs’ reply/op, 10/26/23; Defs’ reply, 11/17/23]
++
[Astellas Pharma v. Dep’t of Health and Human Services, No. 1:23-cv-4578 (N.D. Ill., filed July 14, 2023), terminated 9/7
[Scheduling conference, 10/30/23]
++
Janssen Pharmaceuticals v. Becerra, No. 3:23-cv-3818 (D. N.J., filed July 18, 2023)
Pltf’s sj, 8/16/23; Defs’ op/xsj, 10/16/23; Pltf’s op/reply, 11/24/23; Defs’ reply, 12/22/23
++
Boehringer Ingelheim Pharmaceuticals v. U.S. D.H.H.S., No. 3:23-cv-1103 (D. Conn., filed Aug. 18, 2023)
Pltf’s SJ, 9/27/23; Defs’ op/xsj, 12/20/23; Pltfs’ reply/op, 1/26/23; Defs’ reply, 2/26/23
++
AstraZeneca Pharmaceuticals LP v. Becerra, No. 1:23-cv-931 (D. Del., filed Aug. 25, 2023)
Pltfs’ SJ, 9/26/23; Defs’ op/xsj, 11/1/23; Pltfs’ reply/op, 12/1/23; Defs’ reply, 1/5/24
===
DISTRICT OF COLUMBIA
Merck & Co. v. Becerra, No. 1:23-cv-1615 (D. D.C., filed June 6, 2023)
Complaint
Joint scheduling proposal, June 26, 2023
Scheduling order (differs from proposal?), June 28, 2023
Motion/memo/exhibits for summary judgment, July 11, 2023
US opposition/cross-motion, September 11, 2023
Public Citizen amicus, September 13, 2023
AARP amicus, September 18, 2023
https://affordablecareactlitigation.com/wp-content/uploads/2023/09/merck-aarp-amicus-9-18-23.pdf
American College of Physicians amicus, September 18, 2023
https://affordablecareactlitigation.com/wp-content/uploads/2023/09/merck-acop-amicus-9-18-23.pdf
Economic and Health Policy Scholars amicus, September 18, 2023
Nationally Recognized Experts amicus, September 18, 2023
Klobuchar et al amicus, September 18, 2023
Merck amended complaint, October 19, 2023
Merck opposition to cross/motion/reply supporting summary judgment, October 19, 2023
Merck request for briefing schedule, October 19, 2023
| 10/19/2023 | MINUTE ORDER. The Court is in receipt of the Plaintiffs’ 55 Motion for Briefing Schedule. In the Government’s 24 opposition to Plaintiff’s 23 Motion for Summary Judgment, they argued that Plaintiff Merck & Co., Inc. (“Merck”) lacks prudential standing because, according to Plaintiffs, “under guidance that Defendant [] issued after Merck filed its complaint, the proper plaintiff is supposedly a wholly owned Merck subsidiary.” In reply, Plaintiff Merck argued that the Government’s argument was incorrect, but they also filed the 51 Amended Complaint adding Merck Sharp & Dohme LLC (“MSD”) the subsidiary of Merck as a second Plaintiff. Plaintiffs explain that the Government consented to the filing of the Amended Complaint. MSD joins in Merck’s previously filed 23 Motion for Summary Judgment, and Plaintiffs ask the Court to treat that motion as filed on behalf of both Plaintiffs and allow the current briefing schedule to stay in place. However, Defendants state that they “do not consent to a continuation of briefing on those motions” and seek a new briefing schedule.The Court ORDERS Defendants to respond to Plaintiffs’ 55 Motion for Briefing Schedule by no later than OCTOBER 26, 2023. Signed by Judge Colleen Kollar-Kotelly on 10/19/23. (lcckk3) (Entered: 10/19/2023) |
US opposition to rescheduling, October 23, 2023
Merck reply supporting rescheduling, October 24, 2023
Comanor amicus supporting neither party, October 30, 2023
| 10/31/2023 | MINUTE ORDER. In their 55 Motion, Plaintiffs request that the Court treat the previously filed 23 Motion for Summary Judgment as filed on behalf of both Plaintiffs Merck & Co, Inc. and Merck Sharp & Dohme LLC and allow the current briefing schedule to stay in place. Defendants’ 56 Response states that “all parties agree that the Court has the discretion to issue an order” doing so, but that it would be a “depart[ure] from what would otherwise be the routine and natural consequence of Plaintiffs’ decision to amend their complaint.” Defendants do not provide any argument as to why the Court should not use its discretion to do so, as Plaintiffs point out in their 57 Reply.In the interest of judicial efficiency, the Court GRANTS the 55 Motion and ORDERS that Plaintiff Merck Sharp & Dohme LLC should be considered as joining in the 23 Motion for Summary Judgment filed by Plaintiff Merck & Co, Inc; Defendants’ 24 Cross-Motion for Summary Judgment and Opposition to Plaintiffs’ Motion for Summary Judgment is therefore considered as against both Plaintiffs; Defendants shall file a reply in support of their 24 Cross-Motion by NOVEMBER 21, 2023, consistent with the Court’s previous 14 Order; and Defendants need not file an Answer to the 51 Amended Complaint. Signed by Judge Colleen Kollar-Kotelly on 10/31/23. (lcckk3) (Entered: 10/31/2023) |
[
| 11/09/2023 | MINUTE ORDER. The Court is in receipt of Defendants’ 61 Motion, in which they seek an eight-day extension of time to file their reply brief and leave to file ten additional pages beyond the page limit set forth in the Court’s 14 Scheduling Order. As for the request for an extension, Defendants explain that due to other time-sensitive litigation deadlines that have arisen recently, as well as the fact that there is ongoing summary judgment briefing in other cases related to the Drug Price Negotiation Program, an extension will allow time for sufficient deliberation and to align the deadlines with other cases’ deadlines in a more manageable way. Plaintiffs do not oppose the request for extra time.As for the request for ten additional pages, raising the limit from 35 to 45, Defendants explain that they “now believe that additional pages would allow Defendants to address these important issues more coherently and comprehensively, and ultimately make it easier for the Court to reach a final resolution of all of the legal issues raised in the parties’ summary-judgment briefs.” Defendants explain that Plaintiffs have submitted a total of 94 page of briefing; if allowed to file a 45-page reply brief, that would result in a total of 80 pages for Defendants. Plaintiffs oppose this request because Defendants’ principal brief was 35 pages and they argue that a reply brief should not be longer than a principal brief; they worry it would trigger the need for a surreply. In light of Plaintiffs’ overall longer page length and Defendants’ explanation, the Court will grant the Motion.The Court GRANTS the 61 Motion in its entirety and ORDERS that Defendants’ reply brief is due NOVEMBER 29, 2023; their page limit is 45 pages. Signed by Judge Colleen Kollar-Kotelly on 11/9/23. (lcckk3) (Entered: 11/09/2023) |
US cross-motion reply, November 29, 2023
US supplemental authority (AstraZeneca), March 4, 2024
Plaintiffs’ response, March 4, 2024
Plaintiffs’ notice of supplemental authority (Sheetz), April 15, 2024
Defendants’ response, April 18, 2024
Defendants’ notice of supplemental authority (BMS), May 2, 2024
Plaintiffs’ response, May 3, 2024
US notice of supplemental authority (CT), July 11, 2024
Merck response, July 17, 2024
SOUTHERN OHIO
Dayton Area Chamber of Commerce v. Becerra, No. 3:23-cv-156 (S.D. Ohio, filed June 9, 2023)
Complaint
Motion/memo for preliminary injunction, July 12, 2023
Briefing schedule, July 27, 2023
US motion, preliminary injunction opposition, August 11, 2023
Public Citizen amicus, August 14, 2023
AARP amicus, August 18, 2023
Plaintiffs’ reply supporting preliminary injunction, and opposition to motions to dismiss, August 25, 2023
Recusal, September 1, 2023
| 09/05/2023 | Minute Entry for proceedings held before Judge Michael J. Newman: Status Conference held on 9/5/2023. Attorneys Jeffrey Bucholtz, Andrew Varcoe, Jennifer Dickey, and Tami Kirby represented Plaintiffs. Attorneys Alexander Sverdlov, Christine Coogle, and Stephen Pezzi represented Defendants. Mr. Daniel Strunk, a member of the public, was also present during the conference. The Court and counsel discussed the status of the pending motion for preliminary injunction and motion to dismiss; whether counsel seeks to proceed, remotely or otherwise, to oral argument; and the need, if any, for an expedited decision on the pending motions. The Court took under advisement the issue of whether to hold oral argument and if so, whether oral argument can be scheduled towards the end of the week of 9-11-23. A separate Order will issue tomorrow, 9/6/2023, concerning oral argument. (Court Reporter: Julie Renee Hohenstein) (mcm) (Entered: 09/05/2023) | |
| 09/07/2023 | Oral Motion by the parties’ counsel for oral argument on the pending Motion for Preliminary Injunction and Motion to Dismiss. (cem) (Entered: 09/07/2023) | |
| 09/07/2023 | NOTATION ORDER Granting Oral Request by Counsel for Oral Argument before the Court. Oral Argument on pending Motion for Preliminary Injunction and pending Motion to Dismiss set for 9/15/2023 at 2:00 PM by GoToMeeting before United States District Judge Michael J. Newman. The call-in information for interested parties, the media, or the general public is: United States: +1 (786) 535-3211 Access Code: 730-143-365. Signed by Judge Michael J. Newman on 9/7/2023. (cem) (Entered: 09/07/2023) |
Reply supporting motion to dismiss, September 8, 2023
Order denying preliminary injunction and motion to dismiss, September 29, 2023
Amended complaint, October 13, 2023
[scheduling proposals]
Defendants’ unopposed revision, October 30, 2023
Plaintiffs’ motion for summary judgment: November 3, 2023
- Defendants’ cross-motion for summary judgment / opposition to Plaintiffs’ motion
for summary judgment: December 8, 2023 - Plaintiffs’ reply / opposition to government’s cross-motion for summary judgment:
January 10, 2024 - Defendants’ reply: January 31, 2024
- [revised, see above]
| 11/07/2023 | 63 | ORDER: (1) GRANTING PLAINTIFFS UNOPPOSED MOTION TO AMEND THE CALENDAR (Doc. No. 62 ); AND (2) ISSUING A SECOND AMENDED CALENDAR BY WHICH THIS CASE SHALL PROCEED. The specific case management dates and deadlines in this case are as follows: 1. Plaintiffs motion for summary judgment due: November 8, 2023. 2. Defendants cross-motion for summary judgment and opposition to Plaintiffs’ motion for summary judgment due: December 15, 2023. 3. Plaintiffs’ reply and opposition to Defendants cross-motion for summary judgment due: January 10, 2024. Defendants reply due: January 31, 2024. Signed by Judge Michael J. Newman on 11/7/23. (pb) (Entered: 11/07/2023) |
Plaintiffs’ motion for summary judgment, November 8, 2023
Defendants’ opposition/cross-motion, December 15, 2023
Amicus briefs
American Public Health Ass’n, December 19, 2023
Abrams Institute, December 21, 2023
Law Scholars, December 22, 2023
Economists and Scholars, December 22, 2023
AARP, December 22, 2023
Plaintiffs’ opposition/reply, January 10, 2024
[Defendants’ reply deadline changed to 2/14]
Defendants’ reply supporting motion to dismiss, February 14, 2024
US notice of supplemental authority (AstraZeneca), March 4, 2024
Plaintiffs’ supplemental authority response, March 7, 2024
US notice of supplemental authority (Bristol Myers Squibb), May 3, 2024
Plaintiffs’ response, May 7, 2024
US notice of supplemental authority (BI), July 12, 2024
Plaintiffs’ response, July 19, 2024
US supplemental authority (NJ), August 2, 2024
Order, August 8, 2024
Plaintiffs’ response to NJ, August 8, 2024
Notice of appeal, October 4, 2024
Sixth Circuit # 24-3868
Appellants’ brief, December 23, 2024
Amicus brief supporting appellants:
===
NEW JERSEY
Bristol Myers Squibb Co. v. Becerra, No. 3:23-cv-3335 (D. N.J., filed June 16, 2023)
Complaint
Plaintiffs’ scheduling letter with copy of summary judgment motion, July 21, 2023
Defendants’ scheduling letter, July 28, 2023
Scheduling order, July 31, 2023
Plaintiff’s motion for summary judgment, August 16, 2023
US opposition/cross-motion, October 16, 2023
Public Citizen amicus, October 17, 2023
AARP amicus, October 23, 2023
APHA amicus, October 23, 2023
[
[
[
[
Extension order, November 2, 2023
Bristol Myers Squibb opposition/reply, November 24, 2023
US reply supporting cross-motion, December 22, 2023
| 02/07/2024 | 96 | TEXT ORDER that the Court will conduct oral argument for the pending Motions for Summary Judgment in related cases 23-cv-3335, 23-cv-3818, 23-cv-14221, 23- cv-20814. Argument will be heard from the parties only. The Court has availability from 03/05/2024 through 03/08/2024 from 10:00 a.m. through 2:00 p.m. By 02/16/2024, counsel are to meet and confer and file a letter proposing: (1) dates for argument; and (2) a schedule for argument. So Ordered by Judge Zahid N. Quraishi on 2/7/2024. (kas) (Entered: 02/07/2024) |
+++
Doe v. University of the Sciences, 961 F.3d 203 (3d Cir. 2020), cited at page 36 of Bristol Myers Squibb’s brief
Koslow v. Commonwealth of Pennsylvania, 302 F.3d 161 (3d Cir. 2002), cited at page 36 of Bristol Myers Squibb’s brief
+++
Fresenius Kabi USA amicus, August 29, 2023
Oral argument notes, March 7, 2024
Supplemental authority (Sheetz), April 15, 2024
US response, April 18, 2024
Opinion, April 29, 2024
Notice of appeal, April 29, 2024
Third Circuit Nos. 24-1820 and 24-1821
Motion to expedite, May 15, 2024
Briefing schedule, May 23, 2024
Consolidation for disposition order, June 13, 2024
Bristol Myers Squibb opening brief, and appendix, July 12, 2024
Janssen opening brief, July 12, 2024
Amicus briefs
US appellee brief, September 12, 2024
Amicus briefs:
Janssen reply brief, October 7, 2024
BMS reply brief, October 7, 2024
[Oral argument, October 30, 2024]
| 10/30/2024 | 185 | COURT MINUTES OF ARGUED/SUBMITTED CASES. [24-1197, 24-1819, 24-1820, 24-1821] (KY) [Entered: 10/30/2024 08:51 AM] |
| 10/30/2024 | 186 | ARGUED on Wednesday, October 30, 2024. Panel: HARDIMAN, PHIPPS, and FREEMAN, Circuit Judges. Jacob M. Roth arguing for Appellant Bristol Myers Squibb Co; Catherine E. Stetson arguing for Appellant AstraZeneca Pharmaceuticals LP; Kevin F. King arguing for Appellant Janssen Pharmaceuticals Inc; Catherine M. Padhi arguing for Appellee Administrator Centers for Medicare & Medicaid Services; Lindsey Powell arguing for Appellee Secretary United States Department of Health and Human Services. [24-1819, 24-1820, 24-1821] (KY) [Entered: 10/30/2024 02:41 PM] |
Shumate withdrawal, January 16, 2025
Opinion, May 8, 2025
===
Novo Nordisk v. Becerra, No. 3:23-cv-20814 (D. N.J., filed September 29, 2023)
Complaint
US letter requesting reassignment, October 25, 2023
Joint motion for briefing schedule, November 1, 2023
| 11/01/2023 | 17 | TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Zahid N. Quraishi for all further proceedings. Judge Georgette Castner no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 11/1/2023. (gxh) (Entered: 11/01/2023) |
Scheduling order,
Novo Nordisk motion for summary judgment, with exhibits, December 8, 2023
[
[
[
Opinion, July 31, 2024
Notice of appeal, August 14, 2024
Third Circuit # 24-2510
Opening brief, and appendix, October 15, 2024
US brief, December 16, 2024
Pro-US amicus briefs
https://affordablecareactlitigation.com/wp-content/uploads/2024/12/3c-nnd-aarp-amicus-12-20-24.pdf
===
WESTERN TEXAS
National Infusion Center Ass’n v. Becerra, No. 1:23-cv-707 (W.D. Tex., filed June 21, 2023)
Complaint
Joint briefing schedule proposal, August 1, 2023
Briefing schedule, August 2, 2023
Plaintiffs’ summary judgment brief, August 10, 2023
Biosimilars Forum amicus, August 24, 2023
Motion to dismiss, August 28, 2023
Motion to vacate scheduling order, August 28, 2023
Opposition to motion to vacate, August 31, 2023
Reply supporting US motion to vacate scheduling order, September 1, 2023
Plaintiffs’ emergency motion to extend time to respond, September 8, 2023
| 09/08/2023 | Text Order GRANTING 44 Motion for Extension of Time to File Response entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs shall respond to Defendants’ motion to dismiss on or before September 25, 2023. In light of the extension and Defendants’ pending motion to vacate, (Dkt. 40), IT IS FURTHER ORDERED that each deadline set forth in the parties’ joint scheduling order, (Dkt. 34, at 2), shall be extended by 14 days. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) (Entered: 09/08/2023) |
Rescheduling order, September 11, 2023
Plaintiffs’ opposition, September 25, 2023
US reply, October 13, 2023
US additional information, November 2, 2023
Plaintiffs’ motion for leave to file response, with response, November 7, 2023
| 01/30/2024 | Text Order GRANTING 51 Motion for Leave to File. Plaintiffs’ Response, as attached to Dkt. # 51, shall be accepted for filing. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MGlc) (Entered: 01/30/2024) |
Opinion, February 12, 2024
Notice of appeal, March 6, 2024
Fifth Circuit # 24-50180
Unopposed motion to expedite appeal, March 22, 2024
Briefing notice, March 26, 2024
Order granting motion to expedite, April 1, 2024
Briefing notice, April 5, 2024
Appellants’ brief and excerpts of record, April 12, 2024
Appellees’ brief, April 19, 2024
Appellants’ reply brief, April 24, 2024
| 05/01/2024 | 73 | ORAL ARGUMENT HEARD before Judges Elrod, Duncan, Ramirez. Arguing Person Information Updated for: John Patrick Elwood arguing for Appellants Pharmaceutical Research and Manufacturers of America, Et Al; Arguing Person Information Updated for: Catherine Meredith Padhi arguing for Appellees Secretary Becerra, Et Al. [24-50180] (PFT) [Entered: 05/01/2024 11:49 AM] |
Opinion, September 20, 2024
Joint motion for briefing schedule, December 18, 2024
Plaintiffs’ motion for summary judgment, January 10, 2024
===
NORTHERN ILLINOIS
Astellas Pharma v. Dep’t of Health and Human Services, No. 1:23-cv-4578 (N.D. Ill., filed July 14, 2023)
Complaint
Minute entry, July 28, 2023
Motion for briefing schedule, August 25, 2023
Docket entry, August 31, 2023
Notice of voluntary dismissal, September 6, 2023
| 09/07/2023 | 17 | MINUTE entry before the Honorable Elaine E. Bucklo: A notice of voluntary dismissal has been filed. This case is dismissed without prejudice pursuant to FRCP 41(a)(1)(A)(i). All pending dates and motions are terminated as moot. Civil case terminated. Mailed notice. (mgh, ) (Entered: 09/07/2023) |
===
NEW JERSEY
Janssen Pharmaceuticals v. Becerra, No. 3:23-cv-3818 (D. N.J., filed July 18, 2023)
Complaint
Scheduling letter, July 28, 2023
Scheduling order, July 31, 2023
Plaintiff’s summary judgment motion, August 16, 2023
Fresenius Kabi USA amicus, August 29, 2023
[see above]
Janssen opposition/reply, November 24, 2023
[see above]
===
CONNECTICUT
Boehringer Ingelheim Pharmaceuticals v. U.S. D.H.H.S., No. 3:23-cv-1103 (D. Conn., filed Aug. 18, 2023)
Complaint
Parties’ briefing schedule proposal, September 13, 2023
Proposal:
BI will file a memorandum in support of its forthcoming motion for summary
judgment by September 27, 2023, not to exceed 45 pages.
Defendants will file a combined memorandum in support of their own cross-motion
for summary judgment, and opposing BI’s motion, by December 6, 2023, not to
exceed 55 pages.
BI will file a combined reply in support of its motion and opposition to Defendants’
cross-motion by January 12, 2023, not to exceed 50 pages.
Defendants will file a reply in support of their cross-motion by February 12, 2023,
not to exceed 40 pages.
| 09/15/2023 | 17 | ORDER granting 16 Motion. The parties obligation to file a report under Local Rule 26(f) is suspended. On or before September 27, BI will file a motion for summary judgment and a supporting memorandum not to exceed 45 pages. On or before December 6, Defendants will file a cross-motion for summary judgment and a memorandum in support of the cross-motion and in opposition to BI’s motion not to exceed 55 pages. On or before January 12, BI will file a combined reply in support of its motion and in opposition to the cross-motion not to exceed 50 pages. On or before February 12, Defendants will file a reply in support of the cross-motion not to exceed 40 pages. Unless and until ordered to do so in the future, the parties need not file Local Rule 56(a) statements of undisputed facts, and Defendants need not file an Answer to the Complaint. So ordered. Signed by Judge Robert N. Chatigny on 9/15/2023. (Chatigny, Robert) (Entered: 09/15/2023) |
Plaintiff’s motion for summary judgment, September 27, 2023
| 11/06/2023 | 31 | ORDER granting 30 Consent Motion for Extension of Time. Defendants will file a combined memorandum in support of their own cross-motion for summary judgment, and opposing Plaintiff’s motion, by December 20, 2023; Plaintiff will file a combined reply in support of its motion and opposition to Defendants’ cross-motion by January 26, 2024; Defendants will file a reply in support of their cross-motion by February 26, 2024. So ordered. Signed by Judge Robert N. Chatigny on 11/6/2023. (Rickevicius, L.) (Entered: 11/06/2023) |
US opposition/cross-motion, December 20, 2023
Amicus briefs:
Public Citizen, December 21, 2023
Center for American Progress/NAACP, December 22, 2023
Law Scholars, December 22, 2023
Economists and Scholars, December 22, 2023
Nationally Recognized Experts, December 26, 2023
AARP, December 26, 2023
Abrams Institute, December 27, 2023
US Senators amicus, December 27, 2023
Plaintiffs’ reply and opposition to cross-motion, January 26, 2024
US reply supporting cross-motion, February 26, 2024
| 02/27/2024 | 97 | ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Robert N. Chatigny on 2-27-2024. (Shafer, J.) (Entered: 02/27/2024) |
US supplemental authority (AstraZeneca), February 28, 2024
Alliance for Aging Research motion for leave and amicus brief, March 5, 2024
Oral argument minutes, March 7, 2024
Plaintiff’s motion for status conference, March 19, 2024
| 03/21/2024 | 100 | ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Judge Kari A. Dooley on 3/21/2024.(Gould, K.) (Entered: 03/21/2024) |
| 03/25/2024 | 101 | ORDER. The 99 motion for status conference is GRANTED. The Court is willing to hold oral argument in this case and believes it would likely be helpful. Right now, the Court’s trial schedule is in flux for May and June, but counsel should take note for now of the following possible dates for oral argument: 5/24/2024, 5/30/2024, 5/31/2024, 6/20/2024, 6/21/2024, 6/27/2024, 6/28/2024. The Court should have a better idea of its schedule by April 4, 2024, and therefore schedules a Zoom status conference for April 4, 2024 at 1:00 pm. Chambers will circulate a Zoom link in advance of the hearing. Signed by Judge Michael P Shea on 3/25/2024. (Pierson, M) (Entered: 03/25/2024) |
| 04/04/2024 | 102 | ORDER. The Court schedules oral argument on all pending motions for June 20, 2024 at 10:00 am in Courtroom 3, Abraham Ribicoff Federal Building & Court House, 450 Main Street, Hartford, CT 06103. Signed by Judge Michael P Shea on 4/4/2024. (Pierson, M) (Entered: 04/04/2024) |
| 04/04/2024 | 103 | Minute Entry for proceedings held before Judge Michael P Shea: Status Conference held on 4/4/2024. 6 minutes(Court Reporter J. Monette.) (Johnson, D.) (Entered: 04/05/2024) |
| 04/04/2024 | 104 | NOTICE of Hearing on Motion re: 28 MOTION for Summary Judgment . ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 6/20/2024 at 10:00 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Michael P Shea Signed by Judge Michael P Shea on 4/4/24.(Johnson, D.) (Entered: 04/05/2024) |
US notice of additional authority ( , May 2, 2024
https://affordablecareactlitigation.com/wp-content/uploads/2024/05/merged_10615_-1-1716143511.pdf
Hearing minutes, June 20, 2024
Ruling, July 3, 2024
Judgment, July 9, 2024
Notice of appeal, July 26, 2024
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Appellants’ request for expanded and divided argument, March 10, 2025
Order expanding and dividing argument, March 18, 2025
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DELAWARE
AstraZeneca Pharmaceuticals LP v. Becerra, No. 1:23-cv-931 (D. Del., filed Aug. 25, 2023)
Complaint
Parties’ proposed briefing schedule, September 18, 2023
Scheduling order, September 19, 2023
9/26, 11/1, 12/1, 1/5
Plaintiffs’ amended complaint, September 26, 2023
Plaintiffs’ motion for summary judgment, with memo and exhibits, September 26, 2023
Defendants’ opposition/cross-motion, November 1, 2023
Public Citizen amicus, November 2, 2023
APHA amicus, November 8, 2023
Altman experts amicus, November 8, 2023
Cutler experts motion for leave and amicus, November 8, 2023
AARP amicus, November 8, 2023
Plaintiffs’ opposition/reply, with declarations, December 1, 2023
US reply, January 5, 2024
Oral argument, 2/1/24
Order for supplemental briefing, February 6, 2024
US supplemental brief, February 12, 2024
Plaintiff’s supplemental brief, February 12, 2024
Opinion, March 1, 2024
Notice of appeal, April 29, 2024
Third Circuit # 24-1819
[consolidated for decision with New Jersey appeals]
Appellant’s opening brief and appendix, July 15, 2024, with appendix addendum, 7/17
US appellee brief, September 12, 2024
Amicus briefs:
Reply brief, October 7, 2024
[Oral argument, 10/30]
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Affordable Care Act Litigation 