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RE v. Nizar Wehbi, et al (2021)

United States Court of Appeals, Eighth Circuit.2021-11-17No. 18-2926

Summary

Holding. The disposition is unclear from the text provided, as the opinion announcement does not state whether the lower court judgment was affirmed, reversed, vacated, or remanded.

This case was reopened and reargued following remand from the United States Supreme Court. The matter involved appellants represented by Michael B. Kimberly and Sarah Hogarth, with substantial amicus support from business and healthcare organizations including the Chamber of Commerce and major insurance and pharmacy groups. The appellee was represented by the U.S. Attorney General's office and state attorneys general, with additional amicus support from pharmacy associations, insurance legislators, and consumer advocacy organizations.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Healthcare regulation and insurance coverage
  • Pharmacy practice and prescription drug access
  • Federal versus state regulatory authority

Procedural posture

The case was heard in district court by Judge Daniel L. Hovland on September 5, 2018, then appealed, taken to the United States Supreme Court, remanded, and reargued on the remand.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Dear Sirs:

A published opinion was filed today in the above case, which has been reopened and reargued after remand from the United States Supreme Court.

Counsel who presented argument on behalf of the appellant was Michael B. Kimberly, of Washington, DC. The following attorney(s) appeared on the appellant brief; Sarah Hogarth, of Washington, DC.

The following attorneys appeared on amicus briefs in support of appellants:

Chamber of Commerce of the United States of America: Tara S. Morrissey and Paul V. Lettow of Washington, DC; Helgi C. Walker, Matthew S. Rozen, Max E. Schulman and Roberta Batista of Washington, DC.

Americas Health Insurance Plans: Julie Simon Miller and Thomas M. Palumbo of Washington, DC; Patrik A. Shah of Washington, DC, and Aileen M. McGrath of San Francisco, CA.

Association of Federal Health Organizations: David M. Ermer and Anthony F. Shelley of Washington, DC.

Counsel who presented argument on behalf of the appellee was Robert Thomas Smith, Special Assistant, U.S. Attorney General, of Washington, DC. The following attorney(s) appeared on the appellee brief; Matthew A Sagsveen, Solicitor General and James Nicolai, Deputy Solicitor General of the North Dakota Attorney Generals Office, Bismarck, ND, Howard Robert Rubin and Daniel E. Lipton, Special Assistants, U.S. Attorney General, Washington, DC.

The following attorney(s) appeared on the amicus parties’ briefs in support of appellees; National Association of Chain Drug Stores, Inc., Mary Ellen Kleiman of Arlington, VA and Adam G. Unikowsky of Washington, DC.

On the brief of National Council of Insurance Legislators, Michael M. Marick and W. Joel Vander Vliet of Chicago, IL.

On the brief of the States of Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington and the District of Columbia: Angela Behrens, Stephen Melchionne and Allen Cook Barr, AAGs, St. Paul, MN.

On the brief of The National Community Pharmacists Association, American Pharmacists Association, North Dakota Pharmacists Association and Six Other State Pharmacy Associations: William E. Copley, Matthew S. Krauss and William E. Jacobs of Washington, DC.

On the brief of the Alliance for Transparent and Affordable Prescriptions, The Community Oncology Alliance and American Pharmacies: Daniel L. Geyser of Dallas, TX.

The judge who heard the case in the district court was Honorable Daniel L. Hovland. The judgment of the district court was entered on September 5, 2018.

If you have any questions concerning this case, please call this office.

Michael E. Gans Clerk of Court