Case Detail

Astra USA, Inc. v. County of Santa Clara
On March 29, 2011, the U.S. Supreme Court overturned an appeals court decision that created a federal common law rule whereby thousands of public health care providers around the country would have been permitted to sue drug companies for alleged overcharges. The decision was a victory for WLF, which filed a brief urging reversal. The Court noted that Congress provided that the federal price control legislation at issue did not create a private right of action for health care providers. The Court agreed with WLF that the effort to create a right of action under federal common law was an attempted end-run around Congressís determination that the statute itself created no right of action. Where, as here, Congress has adopted legislation that speaks directly to the issue at hand (whether beneficiaries of federal health care statutes are entitled to file suit to enforce the terms of those statutes), there is no appropriate role for judicially created federal common law, the Court said.
Case Status:
Oral argument held Jan. 19, 2011. Awaiting decision.
More Information and Downloads:
11/19/2010: Download the Brief

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