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

  1. 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.

  2. 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.

  3. 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."

  4. 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.

  5. June 06, 2023

    Merck Brings Jones Day Brawler & Punchy Tone To HHS Fight

    Pharmaceutical giant Merck picked the first legal fight over landmark legislation letting Medicare negotiate drug prices, and the company showed up with bare-knuckle rhetoric and a Jones Day partner who told Law360 on Tuesday that the litigation "fits perfectly" into his mission of battling Uncle Sam's excesses.