Appeal 'Overlap' Preserves Akebia Kidney Drug Coverage Suit

Law360 (September 24, 2020, 10:54 PM EDT) -- A Massachusetts federal judge on Thursday rejected the federal government's bid to toss Akebia Therapeutics Inc.'s suit challenging the Centers for Medicare & Medicaid Services' exclusion of its kidney disease drug under Medicare Part D for certain uses, saying she would wait for a First Circuit appeal to play out before deciding the suit's fate.

In denying the government's motion to dismiss the case, U.S. District Judge Allison D. Burroughs said the court lacks jurisdiction over the motion because the First Circuit is considering Massachusetts-based Akebia's appeal of her February decision to deny a preliminary injunction.

Because the arguments the government...

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