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Update on the 340B Contract Pharmacy Showdown: Judge Rules HRSA threat of enforcement is consistent with the 340B statute and the Constitution, but is arbitrary and capricious under the APA

FDA Law Blog

Kirschenbaum — On September 30, we blogged about the ongoing dispute and litigation around the use of contract pharmacies under the 340B Drug Discount Program (click here ). District Court for the Southern District of Indiana decided several substantive motions in Eli Lilly & Co. 1:21-cv-00081-SEB-MJD (S.D.

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Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court schedules February argument session

SCOTUSBlog

That prompted the challengers – Ohio, Indiana, and West Virginia, along with trade associations and companies affected by the plan – to come to the Supreme Court last fall, asking the justices to intervene. In September, a divided panel of the U.S. Court of Appeals for the D.C. In a brief, unsigned order on Dec. Bissonnette v. Suski (Feb.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

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PhRMA Sues Arkansas for Meddling in the Federal 340B Drug Discount Program

FDA Law Blog

By Faraz Siddiqui — Last week, we blogged about a growing list of drug manufacturers that have refused to follow a 2010 guidance issued by the Health Resources and Services Administration (“HRSA”), which permits 340B covered entities to contract with multiple pharmacies to dispense drugs to covered entity patients. Code Ann. § Code Ann.§

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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule

Constitutional Law Reporter

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. LePage Bakeries Park St., Warner Chappell Music, Inc.

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Exclusive: You keep using that word; I don’t think you know what it means.

Patently O

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. An example is a breach of contract dispute between two parties from the same U.S. Some contract cases to wind their way into federal courts — typically under a principle of citizenship diversity or supplemental jurisdiction.

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