4th Circ. Finds Md. Drug Pricing Law Unconstitutional

Law360 (April 13, 2018, 8:15 PM EDT) -- A split Fourth Circuit has deemed unconstitutional a Maryland law allowing the state attorney general to go after generic-drug makers for price gouging, with the majority holding in a Friday published decision that the act impermissibly regulates the price of transactions taking place outside the state.

In a 2-1 decision, the majority reversed a lower court’s ruling upholding Maryland House Bill 631 in the face of a challenge by a generic-drug maker trade group, holding that the law flouts the U.S. Constitution’s dormant commerce clause by...
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Case Title

Assoc. for Accessible Medicine v. Brian Frosh


Case Number

17-2166

Court

Appellate - 4th Circuit

Nature of Suit

3440 Other Civil Rights

Date Filed

October 4, 2017

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