LP v. 340B PHARMACISTS (2026)

United States Court of Appeals, Fourth Circuit.

ABBVIE, INC., (a Delaware corporation); Allergan, Inc., (a Delaware corporation); Durata Therapeutics, Inc., (a Delaware corporation); AbbVie Products LLC, (a Georgia limited liability company); Aptalis Pharma US, Inc., (a Delaware corporation); Pharmacyclics LLC; Allergan Sales, LLC, (a Delaware limited liability company), Plaintiffs - Appellants and Novartis Pharmaceuticals Corporation; Pharmaceutical Research and Manufacturers of America; Astrazeneca Pharmaceuticals LP Plaintiffs v. Anthony G. BROWN, in his official capacity as Attorney General of the State of Maryland; Kristopher Rusinko, in his official capacity as Board President of the Maryland Board of Pharmacy; Daphanie Robinson, in her official capacity as a member of the Maryland Board of Pharmacy; Adetoro Oriaifo, in his official capacity as a member of the Maryland Board of Pharmacy; Kristen Fink, in her official capacity as a member of the Maryland Board of Pharmacy; Karen Slagle, in her official capacity as a member of the Maryland Board of Pharmacy; Brenda Oliver, in her official capacity as a member of the Maryland Board of Pharmacy; Karla Evans, in her official capacity as a member of the Maryland Board of Pharmacy; Javier Vazquez, in his official capacity as a member of the Maryland Board of Pharmacy; Akesh Patel, in his official capacity as a member of the Maryland Board of Pharmacy; Kevin Morgan, in his official capacity as a member of the Maryland Board of Pharmacy; Jennifer Hardesty, in her official capacity as a member of the Maryland Board of Pharmacy; Peggy Glascoe Geigher, in her official capacity as a member of the Maryland Board of Pharmacy; Neil Leikach, in his official capacity as a member of the Maryland Board of Pharmacy; Maryland Board of Pharmacy/President, Defendants - Appellees American Hospital Association; Maryland Hospital Association; Mid-Atlantic Association of Community Health Centers; 340B Health; American Society of Health- System PHARMACISTS, Amici Supporting Appellees

No. 24-1939 (L)

Decided: May 28, 2026

ORDER

A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant the petition for rehearing en banc,

IT IS ORDERED that rehearing en banc is granted.

The parties shall file 16 additional paper copies of their briefs and appendices previously filed in this case within 10 days.

This case is scheduled for oral argument at the next available court session.

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