Healthcare Distribution Alliance v. Zucker et al

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Case Number:

1:18-cv-06168

Court:

New York Southern

Nature of Suit:

Constitutional - State Statute

Judge:

Katherine Polk Failla

  1. December 19, 2018

    Judge Finds NY's $600M Opioid Surcharge Unconstitutional

    New York's $600 million fee on the sale of opioids into the state unconstitutionally prohibits pharmaceutical companies from passing the cost onto consumers, a federal judge said Wednesday in halting payments to the state ahead of a Jan. 1 deadline.

  2. December 10, 2018

    Judge Mulls Several Outcomes For NY Opioid Surcharge Law

    A Manhattan judge probed the pharmaceutical industry's attack on New York's $600 million levy on the opioid industry and the state's defense of the law at a Monday hearing, asking questions that suggested a range of outcomes were on the table between letting the law be and striking it down.

  3. November 09, 2018

    Drug Group Says Fed. Law Doesn't Bar $600M NY Opioid Levy Suit

    New York's $600 million surcharge on pharmaceutical manufacturers and distributors isn't a tax, and therefore a suit against the law is not barred by the federal Tax Injunction Act, a pharmaceutical trade group has told a New York federal court.

  4. October 18, 2018

    NY AG Says Opioid Charge Is A Tax, Asks Court To Toss Case

    The New York attorney general has asked a federal court to dismiss a pharmaceutical trade group's suit seeking to stop a $600 million surcharge on pharmaceutical manufacturers and distributors, arguing the charge is really a tax and out of reach of the federal courts.

  5. July 13, 2018

    Drug Distributor Group Sues NY Over New Opioid Surcharge

    A pharmaceutical trade group is asking a New York federal court to block and find unconstitutional a new law imposing a $600 million surcharge on pharmaceutical manufacturers and distributors, arguing it contained "unprecedented, unfair and arbitrary features" that included circumventing litigation by legislating the outcomes of ongoing investigations and lawsuits.