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The Courts

June 17, 2021 | Daily News

While ACA supporters hope the high court’s 7-2 decision to dismiss the constitutional challenge to the Affordable Care Act for lack of standing will end the years-long attack on the law, Justices Samuel Alito and Neil Gorsuch say in their dissent that further legal action is still possible.

June 17, 2021 | Daily News

While ACA supporters hope the high court’s 7-2 decision to dismiss the constitutional challenge to the Affordable Care Act for lack of standing will end the years-long attack on the law, Justices Samuel Alito and Neil Gorsuch say in their dissent that further legal action is still possible.

June 17, 2021 | Daily News

Democratic lawmakers, beneficiary advocates, insurers, hospitals, and other stakeholders cheered the Supreme Court’s 7-2 decision to throw out the GOP challenge to the Affordable Care Act and called on Congress to now take steps to build upon the law.

June 17, 2021 | Daily News

The Supreme Court today ruled 7-2 that the GOP states and two Texans challenging the Affordable Care Act ‘s constitutionality do not have standing and dismissed the case. Justice Steven Breyer wrote the decision, and Justice’s Samuel Alito and Neil Gorsuch dissent.

June 01, 2021 | Daily News

The Supreme Court on Tuesday (June 1) denied Johnson & Johnson’s request that it review a Missouri court’s decision to award billions of dollars to 22 women who claimed J&J’s talcum powder products caused ovarian cancer.

May 24, 2021 | Daily News

Food and drug law experts are closely watching a number of court cases in 2021, including one at the Supreme Court that involves consolidation of product liability lawsuits and could have implications for how courts handle case backlogs after COVID-19.

May 20, 2021 | Daily News

The U.S. Supreme Court denied Sandoz’s petition to review a patent dispute over the company's biosimilar Erelzi, so the earliest Erelzi can be sold in the United States is 2029, even though FDA approved it in 2016.

May 17, 2021 | Daily News

The Supreme Court dismissed a case Monday (May 17) over the so-called gag rule that keeps Title X grantees from referring patients for abortions, but the high court left the door open to further lawsuits if HHS does not enforce the Trump-era rule until it’s replaced.

May 17, 2021 | Daily News

The Supreme Court on Monday (May 17) agreed to take up a case over Mississippi’s law that bans abortion after 15 weeks, a move seen as the first direct challenge to Roe v. Wade in decades, setting up a high-profile decision to come out in the runup to the mid-term elections.

May 14, 2021 | Daily News

Biden’s Department of Justice on Thursday (May 13) defended the Trump CMS’ Medicare Part B reimbursement cuts for 340B drugs and pay cuts for outpatient clinic visits at certain off-campus hospital facilities, saying there is no reason for the Supreme Court to take up either lawsuit.

May 11, 2021 | Daily News

HHS Secretary Xavier Becerra on Friday (May 7) told a Hawaii district court that FDA will review and consider potential modifications to its in-person prescribing and dispensing restrictions on abortion drug mifepristone, coming less than a month after the agency announced it had temporarily lifted the restrictions for the duration of the public health emergency.

April 29, 2021 | Daily News

FDA on Thursday (April 29) announced plans to issue two proposed rules that would ban menthol in cigarettes and ban all characterizing flavors, including menthol, in cigars.

April 28, 2021 | Daily News

House Energy & Commerce Committee Democrats are trying to restore the Federal Trade Commission’s power to make companies return illegal profits and pay back victims of scams after the Supreme Court last week ruled that FTC does not have that authority.

April 23, 2021 | Daily News

The Supreme Court ruling against the Federal Trade Commission on Thursday (April 22) is expected to make it difficult for FTC to police anticompetitive practices in the drug industry.

April 21, 2021 | Daily News

HHS is considering administrative measures to enforce 340B program rules, according to an HHS court filing, and hospitals believe that means the administration will stop drug companies from denying drug discounts when providers use contract pharmacies to obtain drugs.

April 14, 2021 | Daily News

FDA, HHS and the American College of Obstetricians and Gynecologists on Tuesday (April 13) filed a joint motion with the U.S. Court of Appeals for the Fourth Circuit requesting the court put a hold on ACOG’s lawsuit against FDA in light of the agency’s recent decision to temporarily lift the in-person prescribing and dispensing requirements for abortion medication mifepristone.

April 12, 2021 | Daily News

The Biden administration asks the Supreme Court not to take up a pair of insurers’ lawsuit over the Affordable Care Act’s cost-sharing reductions, saying in an April 9 brief the federal appeals court had correctly determined that money insurers gleaned by hiking silver-level premiums can be deducted from the damages owed to them.

March 29, 2021 | Daily News

A District Judge Friday (March 26) granted Georgia permission to intervene in a lawsuit challenging the Trump HHS approval of the state’s 1332 waiver that lets the state exit healthcare.gov and instead rely on agents and brokers to enroll consumers starting in 2022.

March 24, 2021 | Daily News

The Biden administration has until April 26 to weigh in on whether it thinks the Supreme Court should take up insurers’ suit challenging the Trump-era decision not to pay the full amount of cost-sharing reduction payments owed insurers since 2017, despite the “silver loading” workaround.

March 18, 2021 | Daily News

The preliminary injunction in favor of Eli Lilly’s lawsuit against a 340B rule could help pharmaceutical benefit managers in a separate legal challenge to HHS’ Medicare Part D rebate-ban rule.

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