RE v. Nizar Wehbi, et al (2021)

United States Court of Appeals, Eighth Circuit.

RE: Pharmaceutical Care Management v. Nizar Wehbi, et al

18-2926

Decided: November 17, 2021

Dear Sirs:

A published opinion was filed today in the above case, which has been reopened and reargued after remand from the United States Supreme Court.

Counsel who presented argument on behalf of the appellant was Michael B. Kimberly, of Washington, DC. The following attorney(s) appeared on the appellant brief; Sarah Hogarth, of Washington, DC.

The following attorneys appeared on amicus briefs in support of appellants:

Chamber of Commerce of the United States of America: Tara S. Morrissey and Paul V. Lettow of Washington, DC; Helgi C. Walker, Matthew S. Rozen, Max E. Schulman and Roberta Batista of Washington, DC.

America's Health Insurance Plans: Julie Simon Miller and Thomas M. Palumbo of Washington, DC; Patrik A. Shah of Washington, DC, and Aileen M. McGrath of San Francisco, CA.

Association of Federal Health Organizations: David M. Ermer and Anthony F. Shelley of Washington, DC.

Counsel who presented argument on behalf of the appellee was Robert Thomas Smith, Special Assistant, U.S. Attorney General, of Washington, DC. The following attorney(s) appeared on the appellee brief; Matthew A Sagsveen, Solicitor General and James Nicolai, Deputy Solicitor General of the North Dakota Attorney General's Office, Bismarck, ND, Howard Robert Rubin and Daniel E. Lipton, Special Assistants, U.S. Attorney General, Washington, DC.

The following attorney(s) appeared on the amicus parties’ briefs in support of appellees; National Association of Chain Drug Stores, Inc., Mary Ellen Kleiman of Arlington, VA and Adam G. Unikowsky of Washington, DC.

On the brief of National Council of Insurance Legislators, Michael M. Marick and W. Joel Vander Vliet of Chicago, IL.

On the brief of the States of Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington and the District of Columbia: Angela Behrens, Stephen Melchionne and Allen Cook Barr, AAGs, St. Paul, MN.

On the brief of The National Community Pharmacists Association, American Pharmacists Association, North Dakota Pharmacists Association and Six Other State Pharmacy Associations: William E. Copley, Matthew S. Krauss and William E. Jacobs of Washington, DC.

On the brief of the Alliance for Transparent and Affordable Prescriptions, The Community Oncology Alliance and American Pharmacies: Daniel L. Geyser of Dallas, TX.

The judge who heard the case in the district court was Honorable Daniel L. Hovland. The judgment of the district court was entered on September 5, 2018.

If you have any questions concerning this case, please call this office.

Michael E. Gans Clerk of Court