PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, Plaintiff-Appellant
v.
Stuart T. WILLIAMS; Stacey Jassey; Mary Phipps; Andrew Behm; James Bialke; Amy Paradis; Rabih Nahas; Samantha Schirmer; Kendra Metz, all in their official capacities as members of the Minnesota Board of Pharmacy, Defendants-Appellees
National Association of Manufacturers; Chamber of Commerce of the United States of America; Pacific Legal Foundation; Goldwater Institute, Amici on Behalf of Appellant(s).
T1International; Minnesota #insulin4all; Nicole Smith-Holt; Nathan Loewy; Cindy Boyd; Abigail Hansmeyer; Mid-Minnesota Legal Aid; National Health Law Program, Amici on Behalf of Appellee(s).
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: December 15, 2021.
Filed: April 3, 2023.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellant and appeared on the appellant brief was Joseph R. Guerra, of Washington, DC. The following attorneys appeared on the appellant brief; John M Baker, of Minneapolis, MN., Kathleen Moriarty Mueller, of Washington, DC., Mark Leland Johnson, of Minneapolis, MN., and Katherine M. Swenson, of Minneapolis, MN.
Counsel who presented argument on behalf of the appellees and appeared on the appellees' brief was Sarah L Krans, AAG, of Saint Paul, MN. The following attorney appeared on the appellee brief; Leah M. Tabbert, AAG, of Saint Paul.
The following attorneys appeared on the amicus brief of National Association of Manufacturers and the Chamber of Commerce of the United States of America; Jeremy C. Marwell, of Washington, DC., Matthew X. Etchemendy, of Washington, DC., Patrick Hedren, of Washington, DC., Erica Klenicki, of Washington, DC., Tara S. Morrissey, of Washington, DC., and Stephanie A. Maloney, of Washington, DC.
The following attorneys appeared on the amicus brief of Pacific Legal Foundation and the Goldwater Institute; J. David Breemer, of Sacramento, CA., and David J. Deerson, of Sacramento, CS.
The following attorneys appeared on the amicus brief of T1International, Minnesota #insulin4all, Nicole Smith-Holt, Nathan Loewy, Cindy Boyd, Abigail Hansmeyer, MidMinnesota Legal Aid, and the National Health Law Program; Martha Jane Perkins, of Chapel Hill, NC., Catherine McKee, of Chapel Hill, NC., Wayne Turner, of Chapel Hill, NC., and Barnett Rosenfield, of Minneapolis, MN.
Before SMITH, Chief Judge, GRUENDER and KOBES, Circuit Judges.
SMITH, Chief Judge.
Pharmaceutical Research and Manufacturers of America (PhRMA) appeals the District of Minnesota's dismissal order entered in favor of the members of the Minnesota Board of Pharmacy (Board)1 based on a lack of standing. PhRMA's lawsuit alleged a Fifth Amendment Takings Clause claim challenging the Alec...
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