Merck Price Negotiation Lawsuit May Face Same Obstacles as 340B Takings Claims
Bill of Health
JUNE 15, 2023
Both Lilly and Novo invoked the unconstitutional conditions doctrine, which they argued prohibited the government from requiring them to relinquish their property without just compensation as a condition of participating in federal health-insurance programs. Both courts pointed to the Supreme Court’s decision in Ruckelhaus v.
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