Legal Documents
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ASTRAZENECA PHARMACEUTICALS LP
Plaintiff,
–v–
Memorandum in Support of Motion to Intervene regarding 340B Contract Pharmacy
Motion to Intervene Re: 340B Contract Pharmacy
Order granting motion to dismiss regarding 340B Contract Pharmacy.
QUESTION PRESENTED: The question presented is whether Chevron deference permits HHS to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data.
QUESTION PRESENTED: Whether Chevron deference applies to a statutory interpretation question that determines both the lawfulness of agency action and the court’s jurisdiction.
Plaintiffs' Response to Order to Show Cause Opposition to Defendants' Motion to Dismiss and Reply in Support of Plaintiffs' Motion for a Preliminary Injunction Re: 340B Contract Pharmacy
Order to show Cause RE: Dismissal for Lack of Subject-Matter Jurisdiction
Defendant respectfully opposes plaintiffs’ emergency motion for stay. Without having moved first in the district court (contra Fed. R. App. P. 8(a)), and less than two weeks before the hospital-price-transparency rule is to take effect on January 1, 2021, plaintiffs ask that this Court “stay the…
ARGUED AND SUBMITTED ON OCTOBER 15, 2020
In the United States Court of Appeals
for the District of Columbia Circuit
___________
No. 20-5193
THE AMERICAN HOSPITAL ASSOCIATION, ET AL.,
APPELLANTS
v.
ALEX M. AZAR II,
SECRETARY OF HEALTH AND HUMAN SERVICES,
APPELLEE
___________
REPLY IN SUPPORT OF…