Legal advocacy has been a hallmark of the NCPA since its birth in 1898. Many landmark laws have been enacted since then through the political leadership of NCPA.  The organization has been frequently involved in legal disputes regarding the interpretation and/or application of these and other laws affecting the practices and businesses of NCPA members. Often laws actually deter the targeted inappropriate conduct yet unfortunately litigation (public and private) occasionally is necessary to implement a law and certainly is required to curb conduct and practices inconsistent with such laws and there related regulations.

This Legal Section provides access to legal documents and related articles of interest to NCPA members, their lawyers, and the consumers that they serve. We welcome suggestions for additional subjects and relevant litigation and judicial decisions.

	AMP		FirstData Bank
	Federal Cases (PBMs)		State Cases (PBMs)
	Justice Department		Other Major Cases
	Miscellaneous		Providers Excluded from Government Programs

Select Current Issues

AMP

• Plaintiffs Unopposed Motion for Leave to File PDF (1.9M)
  
  
• First Amended Complaint for Injunctive and Declaratory Relief PDF (2.5M)
  
  
• Plaintiffs Unopposed Motion for Leave to File PDF (1.9M)
  
  
• First Amended Complaint for Injunctive and Declaratory Relief PDF (2.5M)
  
  
• CMS Amended Opposition to NACDS Motion for Preliminary Injunction PDF (116k)
  
  
• Court Order for Injunction Dec. 19 2007 PDF (199k)
  
  
• CMS response to NACDS reaction to CMS protest of injunction PDF (15k)
  
  
• NCPA and NACDS letter to CMS PDF (748k)
  
  
• NCPA and NACDS response to CMS protest of injunction PDF (24k)
  
  
  • Exhibit A for NCPA and NACDS response to CMS protest of injunction PDF (4M)
    
    
• Transcript of Dec. 14, 2007 hearing resulting in injunction PDF (6M)
  
  
• Motions
  
  
  • Order Granting Leave to Amend Opposition to Plaintiffs' Motion PDF (9k)
    
    
  • Judge's order denying emergency motion PDF (91k)
    
    
  • Amended CMS motion to NCPA/NACDS motion for injunction PDF (116k)
    
    
  • NCPA/NACDS opposition to CMS motion to extend briefing PDF (2M)
    
    
  • CMS motion to amend opposition to NCPA/NACDS motion PDF (17k)
    
    
  • NCPA/NACDS opposition to CMS motion to extend briefing PDF (2M)
    
    
  • Proposed order as a result of CMS motion to extend briefing PDF (9k)
    
    
  • CMS motion to extend briefing PDF (18k)
    
    
  • HHS Opposition to Motion for Preliminary Injunction PDF (150k)
    
    
  • Memo accompanying NCPA/NACDS motion for preliminary injunction PDF (377k)
    
    
  • NCPA/NACDS motion for preliminary injunction PDF (5M)
    
    
  • NCPA motion to admit John M. Rector as pro hac vice PDF (152k)
    
• CMS brief concerning NCPA and NACDS request for injunction PDF (150k)
  
  
  • Exhibit A from CMS brief PDF (515k)
    
    
  • Exhibit B from CMS brief PDF (1M)
    
    
  • Exhibit C from CMS brief PDF (265k)
    
    
  • Exhibit D from CMS brief PDF (3M)
    
    
  • Exhibit E from CMS brief PDF (816k)
    
    
  • Exhibit F from CMS brief PDF (2M)
    
    
  • Exhibit G from CMS brief PDF (144k)
    
    
  • Exhibit H from CMS brief PDF (36k)
    
• Judge Scheduling Order for AMP Case PDF (99k)
  
  
• NCPA disclosure in case against CMS PDF (113k)
  
  
• Original NCPA and NACDS complaint against CMS PDF (2M)
  
  
• NCPA/NACDS Preliminary Injunction Memo of Points and Authorities PDF (261k)
  
  
• Expert Report of Stephen Schondelmeyer, Pharm.D., Ph.D. about the NCPA/NACDS Preliminary Injunction PDF (226k)
  
  
• Additional material from NCPA expert report concerning AMP injunction PDF (4M)
  
  
• NCPA/NACDS V. HHS/CMS on Unlawful AMP Medicaid PDF (2M)
  
  
• FAQs for NCPA/NACDS V. HHS/CMS PDF (34k)
  
  
• Average Manufacturer Price/Federal Upper Limits Timeline PDF (25k)
  
  
• Letter to Senators and Representatives PDF (22k)
  
  
• Bio of Judge Royce C. Lamberth PDF (113k)
  
  
• Bureau of National Affairs Article PDF (22k)
  
  
• DRA Medicaid Glossary PDF (35k)
  
  
• State Level AMP Information
  
  
  • California Medicaid 9th Circuit Court Order July 2008 PDF (73k)
    
    
  • Hinds County, Mississippi Court Decision on AMP PDF (26k)
    
    
  • Pennsylvania Department of Public Welfare Letter to Thompson Pharmacy PDF (181k)
    
    

FirstData Bank

• NCPA June 2008 Letter to Judge Saris PDF (1M)
  
  
• Text from Inside CMS article on Jume 2008 NCPA letter to Judge Saris PDF (20k)
  
  
• Judge Saris' orders denying the proposed AWP/FirstData settlement PDF (36k)
  
  
• FDB/Medi-Span AWP Settlement Web site
  
  
• Plaintiff lawyers attack NCPA objections and Heckman Report PDF (117k)
  
  
• Plaintiffs' Slides PDF (10M)
  
  
• A series of affadavits concerning FirstData Bank from Patrick M. Berryman, Richard J. Hartig, Anton Welder, Thomas Cory, Steve Grossman, Lisa Strucko, M. Keith Hodges, John Dennis Musil, Jay Gill, Diana Courtney, Robert J. Greenwood, Joseph P. Lech, Gerald Shapiro, Stephen L. Giroux, William P. Scheer, Russell Gellis, James A. Detura, Richard Brisson, William E. Osborn, Stephen Bernardi PDF (4M)
  
  
• Express Scripts Letters PDF (586k)
  
  
• NCPA objection to the Settlement Agreement and Release PDF (48k)
  
  
• NYCPS objection to the Settlement Agreement and Release PDF (351k)
  
  
• A series of affadavits from NYCPS PDF (1M)
  
  
• Declaration of H. Edward Heckman concerning FirstData Bank PDF (2M)
  
  
• Store Affidavits
  
  
  • Austin Drugs PDF (20k)
    
    
  • Bowen Pharmacy PDF (20k)
    
    
  • Graham Pharmacy PDF (20k)
    
    
  • Langley Drug PDF (20k)
    
    
  • Lindburg Pharmacy PDF (20k)
    
    
  • Medical Arts Pharmacy PDF (20k)
    
    
  • Osborn Drugs, No. 2 PDF (20k)
    
    
  • Osborn Drugs, No. 3 PDF (20k)
    
    
  • Scheffe Rx, Parkview PDF (20k)
    
    
  • Perry Pharmacy PDF (20k)
    
    
  • Quality Care Pharmacy PDF (20k)
    
    
  • Riggs Drugs PDF (20k)
    
    
  • Spoon Drug PDF (20k)
    
    
  • TRB Drugs #4 PDF (20k)
    
    
  • TRB Drugs #5 PDF (20k)
    
    
  • Wells Pharmacy PDF (20k)
    
• FirstData Bank Affidavit PDF (270k)
  
  
• First DataBank (FDB) Lawsuit and Proposed AWP Settlement FAQs PDF (91k)
  
  
• NCPA Letter to U.S. District Court of Massachusetts about FirstData Bank PDF (96k)
  
  
• U.S. District Court of Massachusetts Court Docket Regarding FirstData Bank PDF (13k)
  
  
• FirstData Bank Settlement and Release PDF (1.2M)
  
  
• Amendments to FirstData Bank Settlement and Release PDF (190k)
  
  
• List of Drugs Related to Settlement PDF (399k)
  
  
• Memorandum in Support of Approval of Medi-Span Settlement PDF (1.5M)
  

Other Recent Cases

• Attorney General of the State of Maine Stephen Rowe, NCPA’s John Rector, and PCMA’s Stephanie Conwit discuss Supreme Court Decision on Maine Public Radio MP3 (4:40)
  
  
• John Rector speaks about Wal-Mart and predatory pricing MP3 (5:47)
  
  
• Wal-Mart rolling back drug prices (listen to the story on the Marketplace Web site)
  
  

Federal Cases (PBMs)

Medical Center Pharmacy V. U.S. Department of Justice

• Brief for Appellants Medical Center Pharmacy PDF (324k)
  
  
• Brief of Amicus Curiae the International Academy of Compounding Pharmacists PDF (145k)
  
  
• Reply Brief for the Appellants PDF (193k)
  
  
• Brief of Amicus Curiae Wyeth in Support of Reversal PDF (427k)
  
  
• Brief of Appellees PDF (790k)
  
  
• Medical Center Pharmacy V. U.S. Department of Justice PDF (2M)
  

Inola Class Action V. Express Scripts

• Inola Class Action V. Express Scripts PDF (682k)
  
  
• Amended Complaints Concerning Inola Class Action V. Express Scripts PDF (633k)
  
  
• Class Action V. Medco PDF (1.2M)
  
  
• Chelsea Family Pharmacy Class Action V. Medco PDF (411k)
  
  
• Elliot Plaza Pharmacy Class Action V. Anthem Prescription Management PDF (418k)

PCMA V. Maine

• PCMA Sues Maine to Block New Law Regulating PBMs PDF (117k)
  
  
• PCMA V. Maine: Order in Pending Cases PDF (58k)
  
  
• News From Maine Attorney General Steven Rowe: Maine Law on Pharmacy Benefit Clears Another Federal Court Hurdle PDF (87k)
  
  
• Maine Wins Again in Court Battle over Pharmacy Benefit Management PDF (73k)
  
  
• U.S. District Court: PCMA V. Maine PDF (2.2M)
  
  
• U.S. Court of Appeals for the First Circuit Court: PCMA V. Maine PDF (1.8M)
  
  
• U.S. District Courts: PCMA V. Maine Summary Judgement PDF (2.2M)
  
  
• PCMA V. Maine: Petition for Writ of Certiorari PDF (1.5M)
  
  
• U.S. Court of Appeals for The First Circuit: PCMA v. Maine PDF (1.7M)
  
  
• U.S. Supreme Court Rejects Effort to Overturn Maine Law PDF (104k)
  
  
• Pharmacy Benefit Managers Suffer Setback in Federal Court PDF (78k)

PCMA V. District of Columbia

• U.S. District Court: PCMA V. District of Columbia Decision PDF (858k)

NACDS & NCPA V. Tommy Thomson (HHS) & Thomas Scully (CMS) (Bush Discount Cards 2001, 2003)

• NACDS and NCPA V. Tommy Thomson and Thomas Scully PDF (1.2M)
  
  
• NACDS and NCPA V. Tommy Thompson PDF (518k)
  
  
• NACDS and NCPA V. HHS and CMS PDF (41k)
  
  
• NACDS and NCPA V. HHS and CMS Judgement PDF (42k)
  
  
• Judge Rules Discount Drug Card Plan Illegal PDF (134k)

NCPA And Pharmacy Freedom Fund V. Medco And AdvancePCS (Caremark Rx)

• Independent Pharmacy Groups Sue PBMs in Antitrust Law Violation PDF (1.5M)
  
  
• Pharmacy Groups Sue Two Biggest Prescription Managers PDF (71k)
  
  
• Nation's Largest Prescription Benefit Managers Violate Anti-Trust Laws, Lawsuits Allege PDF (153k)
  
  
• Pharmacies Plan Antitrust Suit Against Medco and AdvancePCS PDF (81k)
  
  
• Federal Court Gives Green Light to Pharmacy Freedom Fund, NCPA, et.al. Antitrust Class Action Case Against Medco And Merck PDF (178k)
  
  
• U.S. District Court for Eastern District of Pennsylvania—Bellevue Drug Versus Advance PCS PDF (156k)
  
  
• Class Action: Brady Enterprises V. Medco and Merck PDF (1.5M)
  
  
• Pharmacy Agrees to Participate in the Medco Health Solutions in Accordance with the Following Terms PDF (86k)
  
  
• Medco Pharmacy Services Manual 2005/2006 PDF (5M)
  
  
• Federal Judge Denies AdvancePCS motion to dismiss the Pharmacist Freedom Fund, NCPA, et. Al. Antitrust Case PDF (568k)
  
  

State Cases (PBMs)

America Federation of States, County, And Municipal Employees V. PBMS

• PBMS Charged With Inflating Prescription Drug Prices PDF (430k)
  
  
• America Federation of States, County, and Municipal Employees V. AdvancePCS, Caremark Rx, Medco PDF (2.4M)
  
  
• Pharmacy Benefit Managers Charged With Inflating Prescription Drugs Prices PDF (310k)

NARD V. FTC (Dispensing)

• NARD Versus FTC in U.S. District Court for the District of Columbia PDF (563k)
  
  
• NARD Journal: Blasting the FTC Coverup PDF (213k)
  
  
• NARD Journal: FTC Timeline PDF (82k)
  
  
• NARD Washington Bulletin Regarding FTC PDF (887k)
  
  
• FTC Information Regarding Anticompetitive Nature of Physicians Selling Prescription Drugs for Profit PDF (1.5M)
  
  
• NARD Washington Bulletin Regarding FTC Memos PDF (822k)
  
  

Quill Corp. V. North Dakota (Regulation of Mail Order)

• American Druggist: Quill Corp. Versus North Dakota PDF (99k)
  
  
• U.S. Supreme Court Quill Corp. Versus North Dakota Background Information PDF (775k)
  
  
• Coalition for Fair Collection of Interstate Sales Taxes Factsheet Regarding Quill Corp. Versus North Dakota PDF (337k)
  
  
• Coalition for Fair Collection of Interstate Sales Taxes Release: Main Street America Rally Tuesday for Quill Tax Case to be Argued in U.S. Supreme Court PDF (96k)
  
  
• Drug Topics: Quill Corp. Versus North Dakota PDF (108k)
  
  
• U.S. Supreme Court: Quill Corp. Versus North Dakota PDF (1.5M)
  
  
• Drug Topics: Supreme Court Ruling on Mail-Order Tax Could Aid Pharmacy PDF (66k)
  
  
• Letter from North Dakota Governor George Sinner Regarding Quill Corp. Versus North Dakota PDF (26k)
  
  

Retail Class Action V. Credit Card Companies (Discriminatory Retail Fees)

• Retail Groups File Antitrust Case Against Visa, Master Card and Major U.S. Banks PDF (201k)
  
  
• Merchants Seek Reform of Credit Card Fee System PDF (608k)
  
  
• Merchants V. Bankers Regarding Visa and Master Card Network Fees PDF (4M)
  
  
• Various News Outlets Report on Credit Card Suit PDF (219k)
  
  
• Letter from Plaintiff Attorney to Judge Gleeson PDF (301k)
  
  
• Class Plaintiff's First Supplemental Class Action Complaint PDF (2M)
  
  
• Competition Law 360: Class Action Takes Aim at MasterCard IPO PDF (2M)
  
  
• CNNMoney.com: MasterCard Legal Woes Persist PDF (193k)
  
  
• Report and Recommendation of James Orenstein, Magistrate Judge PDF (1.5M)

Supreme Court of Idaho: Idaho Pharmacists V. Caremark Inc. & Blue Cross of Idaho (Predatory Pricing)

• NARD Journal: Idaho Independents Versus Blue Cross of Idaho PDF (1.5 M)
  
  

Justice Department

U.S. V. AdvancePCS (Caremark Rx)

• Settlement Agreement and Mutual Releases PDF (1.5M)
  
  
• Consent Order of Court for Injunction and Settlement: U.S. V. Advance PCS PDF (1.5M)
  
  
• U.S. Files Complaint in Intervention in Two "Whistleblower" Actions Against Medco Health Solutions PDF (274k)
  
  
• Settlement Agreement Between Justice Department and Advance PCS PDF (1M)
  
  
• AdvancePCS to Pay $137.5 Million to Resolve Civil Fraud and Kickback Allegations PDF (152k)
  
  
• NEWS: Health Care Fraud Qui Tam, Whistleblower False Claims Act Settlement PDF (457k)
  
  
• Drug Topics: Justice Department Enters Medco Whistle-Blower Cases PDF (125k)
  
  
• Caremark Settle FCA Suit for $137.5 Million PDF (310k)

U.S. V. Medco

• U.S. is Joining Lawsuit That Says Medco Put Profits Before Patients PDF (191k)
  
  
• Subpoena Issued to NCPA in Violation of Federal Rule of Civil Procedure 45 (b) (1) PDF (453k)
  
  
• Corporate Integrity Agreement Between HHS and AdvancePCS PDF (2M)
  
  
• Lessons from the Medco Injunction Presentation PDF (2.5M)
  
  
• U.S. V. Merck and Medco PDF (2M)
  
  
• Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and the Office of Inspector General of the Office of Personnel Management and Medco Health Solutions PDF (2M)

Other Major Cases (Freedom of Choice, Compounding, Antitrust, PDMA, etc.)

• Amicus Curiae Brief in Support of Schering and in Support of Affirmance PDF (442k)
  
  
• U.S. District Court of Massachusetts: American Drug Stores Inc., OSCO Drug Store Versus Harvard Pilgrim Health Care and Prudential Insurance Company PDF (347k)
  
  
• Supreme Court of the United States: Kentucky Association of Health Plans, Inc., Versus Miller, Commissioner, Kentucky Department of Insurance PDF (593k)
  
  
• US District Court of Eastern New York: Wholesalers Versus HHS and FDA PDF (525k)
  
  
• U.S. Supreme Court: North Dakota State Board Of Pharmacy V. Snyder's Drug Stores, Inc. PDF (460k)
  
  
• Jefferson County Pharmaceutical Association V. Abbott Labs PDF (1.2M)
  
  
• Abbott Labs V. Portland Retail Druggist Association PDF (2M)
  
  
• NARD Washington Bulletin Regarding Jefferson County Pharmaceutical Association Versus Abbott Laboratories PDF (2M)
  
  
• U.S. Judge Upholds State Ban On Exclusive HMO Drug Pacts PDF (2M)
  
  
• U.S. Supreme Court Syllabus: HHS V. Western States Medical Center PDF (1.6M)
  
  
• Medical Center Pharmacy V. Gonzales PDF (1.2M)
  
  
• Community Practice: Supreme Court Hands Pharmacy A Victory PDF (733k)
  
  
• American Arbitration Association Statement Regarding Plum Creek Pharmaceuticals Versus Caremark Rx., Inc. PDF (178k)
  
  

Providers Excluded from Government Programs

• Fraud and Abuse Control Information System (FACIS®): Helping Pharmacies Identify Excluded Individuals
  
  
• Department of Health and Human Services Office of Inspector General Searchable Databases of Excluded Individuals
  
  
• Department of Health and Human Services Office of Inspector General Advisory Opinion on Excluded Individuals PDF (111k)
  
  

Miscellaneous (Laws, Regulations, etc.)

• United States Code
  
  
• Social Security Act
  
  
• Food, Drug, and Cosmetic Act
  
  
• Controlled Substance Registrant Protection Act PDF (129k)
  
  
• Food and Drug Administration Regulations
  
  
• Department of Health and Human Services Regulations
  
  
• Ongoing Federal and State Litigation Regarding PBMs PDF (1.5M)
  
  
• American Bar Association Letter and Report Regarding Robinson-Patman Act PDF (3M)
  
  
• Proactive Litigation Against PBMs PDF (1M)
  
  
• The Drug War PDF (124k) (PBMs)
  
  
• Discount Drug Card Injunction Brings Questions About Bush Plan PDF (190k)
  
  
• Shedding Light On Drug Middlemen PDF (429k) (PBMs)