Pharmaceutical Research & Manufacturers of America v. John McCuskey
Case Number:
25-1054
Court:
Nature of Suit:
3950 Constitutionality of State Statutes
Companies
- American Hospital Association
- Pharmaceutical Research & Manufacturers of America
- West Virginia Hospital Association
Sectors & Industries:
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March 31, 2026
Split 4th Circ. Affirms Injunction On W.Va. Drug Discount Law
A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.
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September 22, 2025
5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
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September 09, 2025
4th Circ. Debates Whether 'Silence' In 340B Empowers States
Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.
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April 07, 2025
Policy Group Tells 4th Circ. Drug Discount Law Needs Reform
The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.