MERCK & CO., INC. v. BECERRA et al

  1. November 30, 2023

    Feds Say Pharma Cos. Can't Win Medicare Drug Price Suit

    The federal government told a D.C. federal court that it shouldn't issue Merck & Co. Inc.'s summary judgment in its lawsuit challenging the Inflation Reduction Act's Medicare drug price negotiation program, saying its takings clause and First Amendment arguments are "dubious."

  2. October 23, 2023

    Medicare Drug Price Talks Boon For Public Health, Court Told

    The AARP, American College of Physicians and other groups urged a New Jersey federal court Monday to reject challenges from Bristol-Myers Squibb Co. and Janssen Pharmaceuticals Inc. to the Medicare drug price negotiation program, arguing that preserving the negotiations is vital for public health.

  3. October 06, 2023

    Mapping Big Pharma's Blitz On Medicare Drug Price Talks

    Lawsuits from Big Pharma and big business challenging Medicare's new power to negotiate drug prices are hurtling toward pivotal tests of lofty legal theories and the Biden administration's creative efforts to save its signature health care accomplishment. Here, Law360 explores the litigation landscape in a detailed map that will be updated as the saga evolves.

  4. September 19, 2023

    Merck Chided By AARP, Democrats Over Drug Price Suit

    The AARP, along with Democratic lawmakers and physician groups, lambasted Merck & Co. Inc.'s challenge to the Medicare drug price negotiation program on Tuesday, disputing the pharmaceutical company's constitutional arguments and saying it wants to eviscerate a program that will improve drug access and reduce federal spending.

  5. September 12, 2023

    HHS Assails Merck's 'Misunderstandings' Of Drug Pricing Law

    Merck & Co. Inc.'s suit challenging the Inflation Reduction Act's Medicare drug price-negotiation program is teeming with "misunderstandings" of the law, the U.S. Department of Health and Human Services told a D.C. federal court in seeking summary judgment this week.

  6. September 01, 2023

    Novartis Joins Legal Fray After Price Negotiation List Unveiled

    Novartis Pharmaceuticals Corp. on Friday joined the growing list of pharmaceutical companies challenging the Inflation Reduction Act, filing suit in New Jersey federal court just days after the Biden administration revealed the list of drugs in the inaugural round of Medicare price negotiations.

  7. August 14, 2023

    Drug Negotiation Suits Reflect Lobbying Failures, HHS Says

    A barrage of legal challenges to landmark legislation empowering Medicare to negotiate drug prices is little more than a failed lobbying campaign "masquerading as constitutional theory," the U.S. Department of Health and Human Services said in its first official rebuttal in the high-stakes litigation.

  8. July 21, 2023

    The Litigation Jolting Health & Life Sciences In 2023's 2nd Half

    A head-spinning spree of rulings and new lawsuits in 2023's first half is reverberating across the health care industry and auguring a dizzying denouement in the year's final months that may well upend assumptions about drug prices and approvals, the False Claims Act and the powers of federal regulators.

  9. July 11, 2023

    Merck Cites 'Gulag,' Jeers HHS 'Backtracking' As Suits Surge

    Merck & Co. on Tuesday likened the Inflation Reduction Act's new system of drug-price negotiations to an oppressive political regime and derided the Biden administration's rush for legal cover amid a cloudburst of litigation as "highly dubious" and "constitutionally irrelevant."

  10. June 16, 2023

    Bristol-Myers Joins Big Pharma Attack On Price Negotiating

    Bristol-Myers Squibb Co. on Friday lobbed yet another challenge to landmark legislation allowing Medicare to negotiate drug prices, slamming the law as unconstitutional and not actually involving negotiations "in any ordinary sense of the word," according to a suit filed in New Jersey federal court.