Novartis Pharmaceuticals Corporation v. Neronha, et al
| NOVARTIS PHARMACEUTICALS CORP. |
| PETER F. NERONHA, in the official capacity as Attorney General of Rhode Island and DAVID BERGANTINO, in the official capacity as Auditor General of Rhode Island |
| 340B HEALTH, AMERICAN HOSPITAL ASSOCIATION, AMERICAN SOCIETY OF HEALTH-SYSTEM PHARMACISTS and HOSPITAL ASSOCIATION OF RHODE ISLAND |
| 25-1941 |
| October 7, 2025 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
Docket Report
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| BRIEF tendered by Appellant Novartis Pharmaceuticals Corp.. [25-1941] (JLE) [Entered: 04/03/2026 07:11 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 03/20/2026. 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 04/08/2026 . [25-1941] (ATC) [Entered: 04/01/2026 08:44 AM] |
ORDER entered: No objections having been filed, American Hospital Association, 340B Health, Hospital Association of Rhode Island, and the American Society of Health-System Pharmacists' motion for leave to file an amicus curiae brief in support of the appellees and affirmance is granted, and the brief is accepted for filing this day. [25-1941] (ATC) [Entered: 04/01/2026 08:43 AM]
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| NOTICE of appearance on behalf of Movant(s) American Hospital Association, 340B Health, Hospital Association of Rhode Island, American Society of Health-System Pharmacists filed by Attorney William B. Schultz. Served on 03/31/2026. [25-1941] (WBS) [Entered: 03/31/2026 05:25 PM] |
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ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge: Plaintiff-appellant seeks an order from this court to take judicial notice of two decisions of the federal Health Resources and Services Administration that it contends are relevant to the appeal. The motion is reserved to the panel that decides the merits. [25-1941] (ATC) [Entered: 03/26/2026 09:52 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 03/20/2026. [25-1941] (ATC) [Entered: 03/24/2026 12:58 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) American Hospital Association, 340B Health, Hospital Association of Rhode Island, American Society of Health-System Pharmacists. Served on 03/20/2026. [25-1941] (WBS) [Entered: 03/20/2026 03:12 PM] |
| NOTICE of unavailability of counsel filed by Attorney Jessica Lynn Ellsworth for Appellant Novartis Pharmaceuticals Corp.. Served on 03/19/2026. [25-1941] (JLE) [Entered: 03/19/2026 08:19 PM] |
| NINE (9) paper copies of appellees' brief [ # 6793270-2 ] submitted by Appellees David Bergantino and Peter F. Neronha. [25-1941] (SRS) [Entered: 03/23/2026 10:18 AM] |
| BRIEF tendered by Appellees Peter F. Neronha and David Bergantino. [25-1941] (LJD) [Entered: 03/13/2026 10:51 AM] |
| APPELLEES' BRIEF filed by Appellees David Bergantino and Peter F. Neronha. Served on 03/13/2026. 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 03/20/2026 . Reply brief due 04/03/2026 for APPELLANT Novartis Pharmaceuticals Corp. [25-1941] (YCC) [Entered: 03/13/2026 04:11 PM] |
| NOTICE of unavailability of counsel filed by Attorney Jessica Lynn Ellsworth for Appellant Novartis Pharmaceuticals Corp.. Served on 02/04/2026. [25-1941] (JLE) [Entered: 02/04/2026 04:02 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. [25-1941] (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 03/13/2026 for appellees David Bergantino and Peter F. Neronha. We are disinclined to grant a request for further enlargement of this deadline. [25-1941] (ATC) [Entered: 01/09/2026 03:25 PM]
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| MOTION to extend time to file brief filed by Appellees David Bergantino and Peter F. Neronha. Served on 01/09/2026. [25-1941] (LJD) [Entered: 01/09/2026 11:42 AM] |
| FIVE (5) paper copies of appendix [ # 6772738-2 ] submitted by Appellant Novartis Pharmaceuticals Corp. [25-1941] (DK) [Entered: 12/29/2025 08:38 AM] |
| NINE (9) paper copies of appellant's brief [ # 6772734-2 ] submitted by Appellant Novartis Pharmaceuticals Corp. [25-1941] (DK) [Entered: 12/29/2025 08:37 AM] |
| DISCLOSURE statement filed by Appellant Novartis Pharmaceuticals Corp. Served on 12/12/2025. [25-1941] (YCC) [Entered: 12/15/2025 02:57 PM] |
| APPENDIX filed by Appellant Novartis Pharmaceuticals Corp. Served on 12/12/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 12/22/2025 . [25-1941] (YCC) [Entered: 12/15/2025 02:56 PM] |
| APPELLANT'S BRIEF filed by Appellant Novartis Pharmaceuticals Corp. Served on 12/12/2025. 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 12/22/2025 . Brief due 01/12/2026 for APPELLEES David A. Bergantino and Peter F. Neronha. [25-1941] (YCC) [Entered: 12/15/2025 02:48 PM] |
| APPENDIX tendered by Appellant Novartis Pharmaceuticals Corp.. Served on 12/12/2025. [25-1941] (JLE) [Entered: 12/12/2025 04:17 PM] |
| BRIEF tendered by Appellant Novartis Pharmaceuticals Corp.. [25-1941] (JLE) [Entered: 12/12/2025 04:16 PM] |
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ORDER directing Appellant Novartis Pharmaceuticals Corp. to file a conforming brief and appendix. Brief and Appendix due 12/19/2025 . [25-1941] (ATC) [Entered: 12/12/2025 08:43 AM]
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| MOTION to take judicial notice filed by Appellant Novartis Pharmaceuticals Corp.. Served on 12/11/2025. [25-1941] (JLE) [Entered: 12/11/2025 04:25 PM] |
| APPENDIX tendered by Appellant Novartis Pharmaceuticals Corp.. Served on 12/01/2025. [25-1941] (JLE) [Entered: 12/01/2025 11:15 PM] |
| BRIEF tendered by Appellant Novartis Pharmaceuticals Corp.. [25-1941] (JLE) [Entered: 12/01/2025 11:13 PM] |
| NOTICE of appearance on behalf of Appellant Novartis Pharmaceuticals Corp. filed by Attorney James P. McGlone. Served on 11/26/2025. [25-1941] (JPM) [Entered: 11/26/2025 04:20 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. [25-1941] (LJD) [Entered: 11/10/2025 11:55 AM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Marlan Golden for Novartis Pharmaceuticals Corp., James P. McGlone for Novartis Pharmaceuticals Corp., Aleks Sverdlov for Novartis Pharmaceuticals Corp. and Alyssa Howard for American Hospital Association, 340B Health, American Society of Health-System Pharmacists and Hospital Association of Rhode Island. [25-1941] (ATC) [Entered: 11/06/2025 08:52 AM] |
| NOTICE of appearance on behalf of Appellant Novartis Pharmaceuticals Corp. filed by Attorney Jessica L. Ellsworth. Served on 10/27/2025. [25-1941] (JLE) [Entered: 10/27/2025 02:43 PM] |
| NOTICE of appearance on behalf of Appellant Novartis Pharmaceuticals Corp. filed by Attorney Susan M. Cook. Served on 10/27/2025. [25-1941] (SMC) [Entered: 10/27/2025 02:45 PM] |
| NOTICE of appearance on behalf of Appellant Novartis Pharmaceuticals Corp. filed by Attorney Jacob T. Young. Served on 10/27/2025. [25-1941] (JTY) [Entered: 10/27/2025 02:48 PM] |
| NOTICE issued. After 11/05/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Marlan Golden for Novartis Pharmaceuticals Corp., James P. McGlone for Novartis Pharmaceuticals Corp., Aleks Sverdlov for Novartis Pharmaceuticals Corp., 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. [25-1941] (ATC) [Entered: 10/22/2025 09:00 AM] |
| BRIEFING schedule set. Brief and Appendix due 12/01/2025 for appellant Novartis Pharmaceuticals Corp. Pursuant to F.R.A.P. 31(a), appellees' brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellees' brief. [25-1941] (ATC) [Entered: 10/21/2025 03:33 PM] |
| TRANSCRIPT report/order form filed by Appellant Novartis Pharmaceuticals Corp. indicating all necessary transcripts have already been filed in district court. Served on 10/21/2025. [25-1941] (PMK) [Entered: 10/21/2025 02:59 PM] |
| DOCKETING statement filed by Appellant Novartis Pharmaceuticals Corp.. Served on 10/21/2025. [25-1941] (PMK) [Entered: 10/21/2025 02:57 PM] |
| NOTICE of appearance on behalf of Appellant Novartis Pharmaceuticals Corp. filed by Attorney Paul M. Kessimian. Served on 10/21/2025. [25-1941] (PMK) [Entered: 10/21/2025 02:55 PM] |
| NOTICE of appearance on behalf of Appellees Peter F. Neronha and David Bergantino filed by Attorney Lee Staley. Served on 10/20/2025. [25-1941] (LBS) [Entered: 10/20/2025 03:26 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. [25-1941] (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. [25-1941] (JJA) [Entered: 10/14/2025 10:03 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney Jeff Kidd. Served on 10/10/2025. [25-1941] (JK) [Entered: 10/10/2025 11:30 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. [25-1941] (LJD) [Entered: 10/10/2025 11:33 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #33) filed by Appellant Novartis Pharmaceuticals Corp. Appearance form, Docketing Statement, and Transcript Report/Order form due 10/21/2025 . [25-1941] (JMK) [Entered: 10/07/2025 04:30 PM] |
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