IMS HEALTH INC. v. SORRELL

Nos. 1:07-CV-188, 1:07-CV-220.

631 F.Supp.2d 434 (2009)

IMS HEALTH INCORPORATED; Verispan, LLC; and Source Healthcare Analytics, Inc., a subsidiary of Wolters Kluwer, Health Inc., Plaintiffs, v. William H. SORRELL, as Attorney General of the State of Vermont, Defendant. Pharmaceutical Research and Manufacturers of America, Plaintiff, v. William H. Sorrell, in his official capacity as Attorney General of the State of Vermont; Jim Douglas, in his official capacity as Governor of the State: of Vermont; and Cynthia D. Laware, in her official capacity as the Secretary of the Agency of Human Services of the State of Vermont, Defendants.

United States District Court, D. Vermont.

April 23, 2009.


Attorney(s) appearing for the Case

Mark A. Ash, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Raleigh, NC, Matthew B. Byrne, Robert B. Hemley, Gravel and Shea, Burlington, VT, Michelle R. Milberg, Patricia Acosta, Thomas R. Julin, Hunton & Williams LLP, Miami, FL, Jeffrey L. Handwerker, Laura Riposo Vandruff, Robert N. Weiner, Sarah M. Brackney, Sarah E. Warlick, Arnold & Porter LLP, Washington, DC, Karen McAndrew, Dinse, Linda J. Cohen, Knapp & McAndrew, P.C., Burlington, VT, Rhonda L. Stewart, Arnold & Porter LLP, San Francisco, CA, William H. Graham, Esq., Roseland, NJ, for Plaintiffs.

David R. Cassetty, Michael N. Donofrio, Bridget C. Asay, Kate G. Duffy, Sarah E.B. London, Vermont Office of the Attorney General, Montpelier, VT, for Defendants.


MEMORANDUM OPINION AND ORDER

J. GARVAN MURTHA, District Judge.

I. Introduction

This case is the third in a succession of challenges to legislation in New Hampshire, Maine, and Vermont intending to regulate the collection and use of data identifying health care providers' prescribing patterns. This ruling addresses multiple constitutional challenges to sections 17, 20 and 21 of Vt. Acts No. 80 (2007), as amended by Vt. Acts No. 89...

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