In Bloomberg Law, Margaux Hall Discusses New Categories of Claims in Drug Price Negotiation Lawsuits

In a Bloomberg Law article, health care partner Margaux Hall, who leads the firm’s drug pricing and price reporting group, discussed how recent lawsuits challenging the Inflation Reduction Act have alleged Administrative Procedure Act violations, in addition to Constitutional claims, and the import for future agency action around drug pricing and potential further litigation.

“If an agency can implement a statute through guidance alone and functionally rewrite the terms of the statute through that guidance, that seems to present broader, potential enduring harms… [an] agency needs to act within the confines of the statute it’s implementing,” said Margaux.