Notice & Comment

Author: Ryan Snyder

Notice & Comment

D.C. Circuit Review – Reviewed: Contractual Limits on the Distribution of Discounted Drugs

The D.C. Circuit published one administrative-law opinion last week: Novartis Pharmaceuticals Corp. v. Johnson. Section 340B of the Public Health Service Act requires drug manufacturers to sell certain drugs to certain healthcare providers at a steep discount. Many of these providers contract with pharmacies to help distribute the discounted drugs to their patients. But those […]

Notice & Comment

D.C. Circuit Review – Reviewed: Incorporated Standards & Window Coverings

Last week, the D.C. Circuit issued two administrative-law opinions and unsealed an opinion regarding the FBI’s investigation into Representative Scott Perry’s cell phone. You can find the unsealed opinion here and summaries of the administrative-law opinions below. In American Society for Testing and Materials v. Public.Resource.Org, Inc., the D.C. Circuit considered how the Copyright Act […]

Notice & Comment

D.C. Circuit Review – Reviewed: Greenhouse Gases, Bivens Claims, and Visa Denials

During the week of June 19, the D.C. Circuit issued three opinions. In Heating, Air Conditioning & Refrigeration Distributors International v. EPA, the D.C. Circuit vacated part of an EPA rule that regulated hydrofluorocarbons—highly potent greenhouse gases used in fridges, freezers, and air conditioners. In 2020, Congress enacted the American Innovation and Manufacturing Act, which […]