AbbVie Inc., et al v. Neronha, et al
| ABBVIE INC., ALLERGAN, INC., DURATA THERAPEUTICS, INC., ABBVIE PRODUCTS LLC, PHARMACYCLICS LLC and ALLERGAN SALES, LLC |
| PETER F. NERONHA, in the official capacity as Attorney General of the State of Rhode Island and DAVID BERGANTINO, in the official capacity as Auditor General of the State of Rhode Island |
| 340B HEALTH, AMERICAN HOSPITAL ASSOCIATION, AMERICAN SOCIETY OF HEALTH-SYSTEM PHARMACISTS and HOSPITAL ASSOCIATION OF RHODE ISLAND |
| 25-1940 |
| October 6, 2025 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
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| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. Served on 04/03/2026. [25-1940] (MSO) [Entered: 04/03/2026 05:05 PM] |
| REPLY BRIEF filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC. Served on 03/30/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/07/2026 . [25-1940] (NP) [Entered: 03/31/2026 01:37 PM] |
| BRIEF tendered by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. [25-1940] (MSO) [Entered: 03/30/2026 10:21 PM] |
| AMICI CURIAE BRIEF filed by Amici Curiae 340B Health, American Hospital Association, American Society of Health-System Pharmacists and Hospital Association of Rhode Island in support of Appellees and Affirmance. Served on 03/16/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/01/2026 . [25-1940] (ATC) [Entered: 03/25/2026 08:19 AM] |
ORDER entered: American Hospital Association, 340B Health, American Society of Health-System Pharmacists, and Hospital Association of Rhode Island's unopposed motion for leave to file an amicus brief in support of the appellees and affirmance is granted, and the brief is accepted for filing this day. [25-1940] (ATC) [Entered: 03/25/2026 08:18 AM]
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| DISCLOSURE statement filed by Movants 340B Health, American Hospital Association, American Society of Health-System Pharmacists, and Hospital Association of Rhode Island. Served on 03/16/2026. [25-1940] (ATC) [Entered: 03/18/2026 08:50 AM] |
| NOTICE of appearance on behalf of Movant(s) American Hospital Association; 340B Health; American Society of Health-System Pharmacists; Hospital Association of Rhode Island filed by Attorney William B. Schulz. Served on 03/16/2026. [25-1940] (WBS) [Entered: 03/16/2026 06:18 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) American Hospital Association; 340B Health; American Society of Health-System Pharmacists; Hospital Association of Rhode Island. Served on 03/16/2026. [25-1940] (WBS) [Entered: 03/16/2026 06:22 PM] |
| NINE (9) paper copies of appellees' brief [ # 6792799-2 ] submitted by Appellees David Bergantino and Peter F. Neronha. [25-1940] (YCC) [Entered: 03/23/2026 08:42 AM] |
| APPELLEES' BRIEF filed by Appellees David Bergantino and Peter F. Neronha. Served on 03/09/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/19/2026 . Reply brief due 03/30/2026 for APPELLANTS AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC. [25-1940] (NP) [Entered: 03/12/2026 10:29 AM] |
| BRIEF tendered by Appellees David Bergantino and Peter F. Neronha. [25-1940] (JJA) [Entered: 03/09/2026 01:36 PM] |
| NOTICE of unavailability of counsel filed by Attorney Lionel Joseph Dutreix, IV for Appellees David Bergantino and Peter F. Neronha. Served on 02/04/2026. [25-1940] (LJD) [Entered: 02/04/2026 01:23 PM] |
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ORDER granting motion to extend time to file brief filed by Appellees Peter F. Neronha and David Bergantino. Brief due 03/09/2026 for appellees David Bergantino and Peter F. Neronha. We are disinclined to grant a request for further enlargement of this deadline. [25-1940] (ATC) [Entered: 01/06/2026 09:39 AM]
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| MOTION to extend time to file brief filed by Appellees David Bergantino and Peter F. Neronha. Served on 01/05/2026. [25-1940] (LJD) [Entered: 01/05/2026 04:29 PM] |
| NINE (9) paper copies of appellants' brief [ # 6771349-2 ] submitted by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. [25-1940] (NKR) [Entered: 12/17/2025 05:09 PM] |
| FIVE (5) paper copies of appendix [ # 6771360-2 ] submitted by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. [25-1940] (NKR) [Entered: 12/17/2025 04:51 PM] |
| APPENDIX filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC. Served on 12/08/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 12/16/2025 [25-1940] (NP) [Entered: 12/09/2025 04:52 PM] |
| DISCLOSURE statement filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC. Served on 12/08/2025. [25-1940] (NP) [Entered: 12/10/2025 08:54 AM] |
| APPELLANTS' BRIEF filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC. Served on 12/08/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/16/2025 . Brief due 01/07/2026 for APPELLEES David Bergantino and Peter F. Neronha. [25-1940] (NP) [Entered: 12/09/2025 04:41 PM] |
| BRIEF tendered by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. [25-1940] (MSO) [Entered: 12/08/2025 10:23 PM] |
| APPENDIX tendered by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. Served on 12/08/2025. [25-1940] (MSO) [Entered: 12/08/2025 10:25 PM] |
| NOTICE of appearance on behalf of Appellants AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC and Allergan Sales, LLC filed by Attorney Joseph V. Cavanagh, III. Served on 12/04/2025. [25-1940] (JVC) [Entered: 12/04/2025 02:14 PM] |
| NOTICE of unavailability of counsel filed by Attorney Lionel Joseph Dutreix, IV for Appellees David Bergantino and Peter F. Neronha. Served on 11/10/2025. [25-1940] (LJD) [Entered: 11/10/2025 11:55 AM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Alyssa Howard for American Hospital Association, 340B Health, American Society of Health-System Pharmacists, and Hospital Association of Rhode Island. [25-1940] (ATC) [Entered: 11/05/2025 09:08 AM] |
| BRIEFING schedule set. Brief and Appendix due 12/08/2025 for appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC. Pursuant to F.R.A.P. 31(a), appellees' brief will be due 30 days following service of appellants' brief and appellants' reply brief will be due 21 days following service of appellees' brief. [25-1940] (ATC) [Entered: 10/29/2025 11:21 AM] |
| NOTICE issued. After 11/04/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Courtney Christensen for American Hospital Association, 340B Health, American Society of Health-System Pharmacists and Hospital Association of Rhode Island, Margaret M. Dotzel for American Hospital Association, 340B Health, American Society of Health-System Pharmacists and Hospital Association of Rhode Island, Alyssa Howard for American Hospital Association, 340B Health, American Society of Health-System Pharmacists and Hospital Association of Rhode Island and William B. Schultz for American Hospital Association, 340B Health, American Society of Health-System Pharmacists and Hospital Association of Rhode Island. [25-1940] (ATC) [Entered: 10/21/2025 12:00 PM] |
| NOTICE of appearance on behalf of Appellees Peter F. Neronha and David Bergantino filed by Attorney Lee Staley. Served on 10/20/2025. [25-1940] (LBS) [Entered: 10/20/2025 03:25 PM] |
| NOTICE of unavailability of counsel from 11/05/2025 to 11/12/2025 filed by Attorney Jeff Kidd for Appellees David Bergantino and Peter F. Neronha. Served on 10/16/2025. [25-1940] (JK) [Entered: 10/16/2025 10:41 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney James J. Arguin. Served on 10/14/2025. [25-1940] (JJA) [Entered: 10/14/2025 09:59 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney Lionel J. Dutreix. Served on 10/10/2025. [25-1940] (LJD) [Entered: 10/10/2025 11:32 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney Jeff Kidd. Served on 10/10/2025. [25-1940] (JK) [Entered: 10/10/2025 11:31 AM] |
| NOTICE of appearance on behalf of Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC filed by Attorney Meredith M. Pohl. Served on 10/09/2025. [25-1940] (MMP) [Entered: 10/09/2025 04:52 PM] |
| DOCKETING statement filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. Served on 10/09/2025. [25-1940] (MSO) [Entered: 10/09/2025 04:50 PM] |
| NOTICE of appearance on behalf of Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC filed by Attorney Matthew S. Owen. Served on 10/09/2025. [25-1940] (MSO) [Entered: 10/09/2025 04:49 PM] |
| NOTICE of appearance on behalf of Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC filed by Attorney Lucas H. Funk. Served on 10/09/2025. [25-1940] (LHF) [Entered: 10/09/2025 04:54 PM] |
| NOTICE of appearance on behalf of Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC filed by Attorney Nick Bell. Served on 10/09/2025. [25-1940] (NB) [Entered: 10/09/2025 04:57 PM] |
| TRANSCRIPT report/order form filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC indicating all necessary transcripts have already been filed in district court. Served on 10/09/2025. [25-1940] (MSO) [Entered: 10/09/2025 05:00 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #34) filed by Appellants AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics LLC. Appearance form, Docketing Statement, and Transcript Report/Order form due 10/20/2025 . [25-1940] (JMK) [Entered: 10/06/2025 04:34 PM] |
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