2nd Circ. Won't Rehear Suit Over $600M NY Opioid Tax Law

Law360 (December 21, 2020, 4:17 PM EST) -- The Second Circuit won't rehear a suit aiming to strike down a New York law imposing $600 million in payments on several opioid distributors, leaving to stand a decision that reinstated the law earlier this year.

In a one-page order, the Second Circuit denied a petition for an en banc rehearing by trade groups Association for Accessible Medicines and Healthcare Distribution Alliance, plus opioid maker and distributor SpecGx LLC. The order did not state the circuit's reasoning.

The groups challenged the New York Opioid Stewardship Act in September 2018, arguing its prohibition on passing the charge on to consumers was unconstitutional....

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