California Court of Appeal

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Savient Pharms., Inc. v. Dep't of Health Servs., C050171

In a pharmaceutical company's challenge to the structure and actions of a Department of Health Services program administered by respondent involving the delisting of one of petitioner's drugs, a judgment denying petitioner relief is reversed with directions pursuant to a finding that the ADAP formulary -- a mechanism whereby the Department maintains a list of drugs to be dispensed and collects rebates to fund the program -- is a regulation subject to the Administrative Procedures Act.

Appellate Information

  • Decided 01/23/2007
  • Published 01/23/2007

Judges

  • MORRISON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Richard M. Ross, Sacramento, for Plaintiff and Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Thomas R. Yanger, Senior Assistant Attorney General, Joseph O. Egan and Michael V. Hammang, Deputy Attorneys General, for Defendants and Respondents., Collette, Erickson, Farmer & O'Neill, William S. Farmer and John J. O'Neill, San Francisco, for Real Party In Interest and Respondent.
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