United States Federal Circuit

Petition for review of a letter of the Department of Veterans Affairs (VA), which requires drug manufacturers covered by the Department of Defense's (DOD) health care benefits program to refund to DOD the difference between drugs' wholesale commercial price and their federal ceiling prices, is granted as the letter comprises a substantive rule under the Administrative Procedure Act (APA), and the VA did not comply with the APA's procedural requirements for substantive rulemaking.

Appellate Information

• Decided 09/11/2006
• Published 09/11/2006

Judges

• SCHALL, Circuit Judge., Before RADER, SCHALL, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donna Lee Yesner, McKenna Long & Aldridge LLP, of Washington, DC, argued for petitioner.   With her on the brief were Joanne L. Zimolzak and Jeniffer M. De Jesus.


• For Appellees:
  
• Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director.   Of counsel on the brief were Melbourne A. Noel, Jr., Senior Contracts Attorney, Office of General Counsel, United States Department of Veterans Affairs, of Hines, Illinois;  John A. Casciotti, Associate Deputy General Counsel, Office of General Counsel, United States Department of Defense, of Washington, DC;  and Gerald A. Wesley, Associate General Counsel, Defense Legal Services Agency, United States Department of Defense, of Aurora, Colorado.