Legal Resources for Drug Cost Containment

This resource library features Legal Analysis written by NASHP experts that address issues raised by the pharmaceutical industry. Also included are State Legal Filings that provide summaries and links to state documents that defend their drug cost containment actions in federal court.

NASHP Legal Analysis

These legal analyses, written by NASHP experts, address key issues that the pharmaceutical industry raises in its legal challenges of state actions to contain drug costs.

Dormant Commerce Clause

When states pass laws designed to control prescription drug costs, the pharmaceutical industry often responds with lawsuits claiming states are hindering interstate commerce and violating the federal Dormant Commerce Clause (DCC). NASHP’s legal experts believe states can craft drug cost policies that can withstand industry challenges.

This brief by Anna Zaret and Darien Shankse provides insight and analysis about DCC case law and highlights what state policymakers need to consider when drafting drug cost polices.

NASHP’s blog about the Dormant Commerce Clause and drug cost regulation.

NASHP’s easy-to-understand table featuring Dormant Commerce Clause’s “Dos and Don’ts.”

Patent Law Analysis

This brief by Robin Feldman, Betty Chang Rowe, Rabiah Oral, Amy Y. Gu, and Katherine Gudiksen provides a Patent Law Analysis of NASHP Rate-Setting Model Act.

NASHP’s blog to learn more about Patent Law Analysis and drug cost regulation.

A Glossary of  Pharmaceutical Terms

The terms used to describe different classes of drugs, the various players in the pharmaceutical industry, and drug approval and marketing can be complicated. NASHP’s easy-to-use glossary explains these complex references.

State Legal Filings

Below are links to pertinent state legal documents filed in response to pharmaceutical industry challenges of drug cost containment legislation. This is not a comprehensive list, however it provides information about what arguments states are making to defend their legislation.

California – Drug Price Transparency (SB 17)

Case Filings:
Initial Complaint
Motion to Dismiss
Plaintiff response to Motion to Dismiss
Request for Judicial Notice
Response Extension

Maryland – Anti-Price-Gouging (HB 631) 

Case Filings:
Initial Complaint
Motion for Injunction
Defendant Opposition to Motion for Preliminary Injunction
Memo Supporting Motion to Dismiss
Ruling on Motion to Dismiss and Preliminary Injunction

US Court of Appeals for the 4th Circuit Decision

Nevada – Drug Price Transparency (SB 539) 

Case Filings:
Initial Complaint
Motion for Temporary Restraining Order
Ruling on Preliminary Injunction