Pharmaceutical Research and Manufacturers of America v. Landsberg

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Merits Stage

Ninth Circuit affirms denial of plaintiff’s motion for summary judgment on its claim that SB 17 -- a California law that regulates changes to a drug’s Wholesale Acquisition Cost or list price -- violates the dormant Commerce Clause

July 25, 2022

Click here to view the opinion. The U.S. Chamber filed an amicus brief supporting the plaintiff on that issue and on a free speech issue the court did not reach.

U.S. Chamber files amicus brief in Ninth Circuit arguing that SB 17 violates both the dormant Commerce Clause and the First Amendment by directly regulating extraterritorial commerce and compelling speech on a controversial policy question

November 23, 2021

Click here to view the brief. SB 17 is a California law that regulates changes to a drug’s Wholesale Acquisition Cost (WAC) or list price.

Jeffrey S. Bucholtz, Ethan P. Davis, and Matthew V.H. Noller of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

District Court Opinion -- PhRMA v. Landsberg (E.D. Cal.).pdf

U.S. Chamber Amicus Brief -- Pharmaceutical Research and Manufacturers of America v. Landsberg (Ninth Circuit).pdf

Opinion -- Pharmaceutical Research and Manufacturers of America v. Landsberg (Ninth Circuit).pdf