Astra USA, Inc. v. Santa Clara County
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-1273 | 9th Cir. | Jan 19, 2011 | Mar 29, 2011 | 8-0 | Ginsburg | OT 2010 |
Holding: Public hospitals and community health centers may not bring lawsuits against drug manufacturers alleging that they have been overcharged for the drugs purchased from the manufacturers pursuant to a federal program. (Kagan, J., recused).
Plain English Holding: Under a federal statute, drug companies that participate in Medicaid must agree to provide discounts on certain drugs to various public hospitals and community health centers. The Supreme Court held, however, that the hospitals and community health centers have no right to sue drug manufacturers who violate that obligation.
Judgment: Reversed, 8-0, in an opinion by Justice Ginsburg on March 29, 2011. (Kagan, J., recused).
SCOTUSblog Coverage
- Opinion analysis: Third-party beneficiaries cannot sue drug manufacturers for over-charging (Linda S. Mullenix, March 31, 2011)
- Last week at the Court in Plain English (Lisa Tucker, March 31, 2011)
- Argument recap: Challenge to suits on drug price limits (Kevin Russell, January 20, 2011)
- Argument preview: Where a federal statute is silent, do third-party beneficiaries of a government contract have a right to sue? (Adam Schlossman, January 18, 2011)
Briefs and Documents
Merits briefs
- Brief for Petitioner Astra USA, Inc.
- Brief for Respondent County of Santa Clara, on Behalf of Itself and All Others Similarly Situated
- Reply Brief for Petitioner Astra USA, Inc.
Amicus briefs
- Brief for the United States in Support of Petitioners
- Brief for Pharmaceutical Research and Manufacturers of America in Support of Petitioner
- Brief for Chamber of Commerce of the United Statess of America in Support of Petitioner
- Brief for APA Watch in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for AARP and the National Senior Citizen Law Center in Support of Respondent
- Brief for Contract Law Professors in Support of Respondent
- Brief for a Coalition of 340B Entity Groups in Support of Respondent
- Brief for Federal Courts Professors in Support of Respondent
- Brief for the States of Kansas, Arizona, Missouri, West Virginia, and the District of Columbia in Support of Respondent
Certiorari-stage documents
- Opinion below (9th Circuit)
- Petitioners' reply
Merits briefs
- Brief for Petitioner Astra USA, Inc.
- Brief for Respondent County of Santa Clara, on Behalf of Itself and All Others Similarly Situated
- Reply Brief for Petitioner Astra USA, Inc.
Amicus briefs
- Brief for the United States in Support of Petitioners
- Brief for Pharmaceutical Research and Manufacturers of America in Support of Petitioner
- Brief for Chamber of Commerce of the United Statess of America in Support of Petitioner
- Brief for APA Watch in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for AARP and the National Senior Citizen Law Center in Support of Respondent
- Brief for Contract Law Professors in Support of Respondent
- Brief for a Coalition of 340B Entity Groups in Support of Respondent
- Brief for Federal Courts Professors in Support of Respondent
- Brief for the States of Kansas, Arizona, Missouri, West Virginia, and the District of Columbia in Support of Respondent
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