U.S. Court of Appeals for the Eighth Circuit

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Eighth Circuit holds that district court erred in dismissing PhRMA’s Takings Clause suit for lack of standing

April 03, 2023

Click here to view the opinion.

The district court had dismissed the suit, holding that insulin manufacturers have an adequate remedy under state-law inverse condemnation procedures, even if they must bring multiple actions. The Eighth Circuit reversed, explaining that the law does not “[f]orc[e] a party to engage in repetitive lawsuits indefinitely.”

U.S. Chamber files coalition amicus brief urging Eighth Circuit to hold that Minnesota law requiring manufacturers to provide insulin without compensation violates the Takings Clause

May 28, 2021

Click here to view the amicus brief filed jointly by the U.S. Chamber and the National Association of Manufacturers. Jeremy C. Marwell and Matthew X. Etchemendy of Vinson & Elkins LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed a coalition amicus brief when this case was before the U.S. District Court for the District of Minnesota.

Case Documents