Pharmaceutical Research & Manufacturers of America v. Neronha, et al
| PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA |
| 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 Rhode Island |
| UNITED STATES, AMERICAN HOSPITAL ASSOCIATION, 340B HEALTH, AMERICAN SOCIETY OF HEALTH-SYSTEM PHARMACISTS and HOSPITAL ASSOCIATION OF RHODE ISLAND |
| 26-1039 |
| January 15, 2026 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
Docket Report
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| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6823929-2 ] filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 07/10/2026. [26-1039] (EEM) [Entered: 07/10/2026 12:09 PM] |
| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6823929-2 ] filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 07/10/2026. [26-1039] CLERK'S NOTE: Docket entry was edited to modify the docket text. (EEM) [Entered: 07/10/2026 09:50 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellees David Bergantino and Peter F. Neronha. Served on 07/07/2026. [26-1039] (JJA) [Entered: 07/07/2026 04:16 PM] |
| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6821381-2 ] filed by Appellees David Bergantino and Peter F. Neronha. Served on 06/30/2026. [26-1039] (JK) [Entered: 06/30/2026 04:41 PM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 06/26/2026. [26-1039] (EEM) [Entered: 06/26/2026 11:03 AM] |
| NOTICE of unavailability of counsel from 10/14/2026 to 10/28/2026 filed by Attorney Jeff Kidd for Appellees David Bergantino and Peter F. Neronha. Served on 06/17/2026. [26-1039] (JK) [Entered: 06/17/2026 09:20 AM] |
| NOTICE of unavailability of counsel filed by Attorney Lionel Joseph Dutreix, IV for Appellees David Bergantino and Peter F. Neronha. Served on 06/15/2026. [26-1039] (LJD) [Entered: 06/15/2026 11:56 AM] |
| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6817187-2 ] filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 06/12/2026. [26-1039] (EEM) [Entered: 06/12/2026 11:30 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellees David Bergantino and Peter F. Neronha. Served on 06/10/2026. [26-1039] (JJA) [Entered: 06/10/2026 02:29 PM] |
| CASE argued. Panel: Julie Rikelman, Appellate Judge; Joshua D. Dunlap, Appellate Judge and Maria Antongiorgi Jordan, U.S. District Judge. Arguing attorneys: Maxwell A. Baldi for US, Erin E. Murphy for Pharmaceutical Research and Manufacturers of America and James J. Arguin for Peter F. Neronha and David Bergantino. [26-1039] (DJT) [Entered: 06/03/2026 12:40 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Maxwell A. Baldi for Amicus Curiae US. Served on 05/18/2026. [26-1039] (MAB) [Entered: 05/18/2026 04:23 PM] |
ORDER entered by Julie Rikelman, Appellate Judge: Amicus Curiae United States' motion to participate in oral argument in support of Appellantis granted, with the time allotted to Appellant and Amicus Curiae United States to equal the time allotted to Appellees. [26-1039] (DJT) [Entered: 05/15/2026 02:00 PM]
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| RESPONSE filed by Appellees David Bergantino and Peter F. Neronha to motion for leave to appear at oral argument [ # 6809744-2 ]. Served on 05/15/2026. [26-1039] (JJA) [Entered: 05/15/2026 10:24 AM] |
| MOTION for leave to appear at oral argument filed by Amicus Curiae US. Served on 05/14/2026. [26-1039] (MAB) [Entered: 05/14/2026 01:22 PM] |
| NINE (9) paper copies of reply brief [ # 6800955-2 ] submitted by Appellant Pharmaceutical Research and Manufacturers of America. [26-1039] (SRS) [Entered: 05/14/2026 09:51 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Erin E. Murphy for Appellant Pharmaceutical Research and Manufacturers of America. Served on 05/04/2026. [26-1039] (EEM) [Entered: 05/04/2026 10:00 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney James J. Arguin for Appellees David Bergantino and Peter F. Neronha. Served on 05/04/2026. [26-1039] (JJA) [Entered: 05/04/2026 09:07 AM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Wednesday, June 3, 2026, at 9:30 a.m. in Boston, MA in the Panel Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. 1st Cir. R. 34.1(d). Designation form due 05/05/2026. [26-1039] (DJT) [Entered: 04/21/2026 03:28 PM] |
| LETTER regarding oral argument unavailability filed by Attorney Erin E. Murphy for Appellant Pharmaceutical Research and Manufacturers of America. Served on 04/14/2026. [26-1039] (EEM) [Entered: 04/14/2026 03:09 PM] |
| REPLY BRIEF filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 04/10/2026. 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 04/17/2026 . [26-1039] (YCC) [Entered: 04/10/2026 04:33 PM] |
| BRIEF tendered by Appellant Pharmaceutical Research and Manufacturers of America. [26-1039] (EEM) [Entered: 04/10/2026 03:20 PM] |
| NINE (9) paper copies of amicus brief [ # 6796454-2 ] submitted by Amici Curiae 340B Health, American Hospital Association, American Society of Health-System Pharmacists and Hospital Association of Rhode Island. [26-1039] (YCC) [Entered: 04/08/2026 03:11 PM] |
| DISCLOSURE statement filed by Amici Curiae 340B Health, American Hospital Association, American Society of Health-System Pharmacists and Hospital Association of Rhode Island. [26-1039] (GRC) [Entered: 03/26/2026 02:52 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae 340B Health in support of Appellee. Served on 03/25/2026. 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 04/02/2026 . [26-1039] (GRC) [Entered: 03/26/2026 02:49 PM] |
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ORDER entered: Movants American Hospital Association, 340B Health, Hospital Association of Rhode Island, and American Society of Health-System Pharmacists' assented-to motion for leave to file an amici curiae brief in support of the Appellees and affirmance is granted, and the brief is accepted for filing this day. [26-1039] (GRC) [Entered: 03/26/2026 02:45 PM]
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| 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 03/25/2026. [26-1039] (WBS) [Entered: 03/25/2026 12:32 PM] |
| 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 03/25/2026. [26-1039] (WBS) [Entered: 03/25/2026 12:28 PM] |
| APPELLEES' BRIEF filed by Appellees David Bergantino and Peter F. Neronha. Served on 03/18/2026. 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 03/25/2026 . [26-1039] (YCC) [Entered: 03/18/2026 04:08 PM] |
| BRIEF tendered by Appellees David Bergantino and Peter F. Neronha. [26-1039] (JJA) [Entered: 03/18/2026 02:37 PM] |
| NINE (9) paper copies of amicus brief [ # 6789462-2 ] submitted by Amicus Curiae US. [26-1039] (ATC) [Entered: 03/04/2026 04:34 PM] |
| NINE (9) paper copies of appellant's brief [ # 6787798-2 ] submitted by Appellant Pharmaceutical Research and Manufacturers of America. [26-1039] (ATC) [Entered: 03/04/2026 04:50 PM] |
| FIVE (5) paper copies of appendix [ # 6788592-2 ] submitted by Appellant Pharmaceutical Research and Manufacturers of America. [26-1039] (ATC) [Entered: 03/04/2026 04:48 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae US in support of Appellant. 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 03/06/2026 . [26-1039] (GRC) [Entered: 02/27/2026 05:37 PM] |
| AMICUS CURIAE BRIEF tendered by United States of America. [26-1039] (MAB) [Entered: 02/26/2026 02:53 PM] |
| APPENDIX filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/25/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/04/2026 . [26-1039] (YCC) [Entered: 02/25/2026 03:04 PM] |
| AMICUS CURIAE BRIEF tendered by United States of America. [26-1039] (MAB) [Entered: 02/25/2026 02:02 PM] |
| NOTICE of appearance on behalf of Movant(s) United States of America filed by Attorney Maxwell A. Baldi. Served on 02/25/2026. [26-1039] (MAB) [Entered: 02/25/2026 02:01 PM] |
| APPENDIX tendered by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/25/2026. [26-1039] (EEM) [Entered: 02/25/2026 12:46 PM] |
| NOTICE of default and intent to dismiss issued directing appellant to file an appendix or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 45.0(a). Appendix due 03/02/2026. [26-1039] (GRC) [Entered: 02/23/2026 11:22 AM] |
| DISCLOSURE statement filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/23/2026. [26-1039] (YCC) [Entered: 02/23/2026 10:24 AM] |
| APPELLANT'S BRIEF filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/23/2026. 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 03/02/2026 . [26-1039] (YCC) [Entered: 02/23/2026 10:22 AM] |
| BRIEF tendered by Appellant Pharmaceutical Research and Manufacturers of America. [26-1039] (EEM) [Entered: 02/23/2026 09:31 AM] |
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ORDER directing Appellant Pharmaceutical Research and Manufacturers of America to file a conforming brief. Brief due 02/26/2026. [26-1039] (GRC) [Entered: 02/19/2026 03:02 PM]
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| BRIEF tendered by Appellant Pharmaceutical Research and Manufacturers of America. [26-1039] (EEM) [Entered: 02/18/2026 08:07 PM] |
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ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge: Plaintiff's Motion for Expedited Briefing and for Alignment for Argument is resolved as follows: (1) Plaintiff shall file its opening brief on February 18, 2026; (2) Defendants shall file their response brief on March 20, 2026; and (3) Plaintiff shall file its reply on April 10, 2026. The briefing schedule entered on February 3, 2026, is vacated. The court will coordinate resolution of this appeal and related appeals to the extent possible and appropriate. Defendants' request to stay this appeal, contained in their response to plaintiffs' motion, is denied. [26-1039] (GRC) [Entered: 02/09/2026 03:02 PM]
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| 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: Philip J. Perry for Pharmaceutical Research and Manufacturers of America, Andrew Prins for Pharmaceutical Research and Manufacturers of America and Abid R. Qureshi for Pharmaceutical Research and Manufacturers of America. [26-1039] (GRC) [Entered: 02/06/2026 03:26 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Camilo Garcia. Served on 02/05/2026. [26-1039] (CG) [Entered: 02/05/2026 10:06 AM] |
| 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. [26-1039] (LJD) [Entered: 02/04/2026 01:24 PM] |
| BRIEFING schedule set. Brief and Appendix due 03/16/2026 for appellant Pharmaceutical Research and Manufacturers of America. Pursuant to F.R.A.P. 31(a), appellee's 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 appellee's brief. [26-1039] (GRC) [Entered: 02/03/2026 09:11 AM] |
| NOTICE issued. After 02/17/2026, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Philip J. Perry for Pharmaceutical Research and Manufacturers of America, Andrew Prins for Pharmaceutical Research and Manufacturers of America and Abid R. Qureshi for Pharmaceutical Research and Manufacturers of America. [26-1039] (GRC) [Entered: 02/03/2026 09:02 AM] |
| DISCLOSURE statement filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 01/29/2026. [26-1039] (AL) [Entered: 02/02/2026 05:16 PM] |
| RESPONSE filed by Appellees David Bergantino and Peter F. Neronha to motion to expedite [ # 6782325-2 ]. Served on 02/02/2026. [26-1039] (JJA) [Entered: 02/02/2026 01:43 PM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney Lee Staley. Served on 02/02/2026. [26-1039] (LBS) [Entered: 02/02/2026 10:44 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney Jeff Kidd. Served on 02/02/2026. [26-1039] (JK) [Entered: 02/02/2026 09:14 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney Lionel Dutreix. Served on 02/02/2026. [26-1039] (LJD) [Entered: 02/02/2026 09:07 AM] |
| NOTICE of appearance on behalf of Appellees David Bergantino and Peter F. Neronha filed by Attorney James J. Arguin. Served on 02/02/2026. [26-1039] (JJA) [Entered: 02/02/2026 09:04 AM] |
| DOCKETING statement filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 01/29/2026. [26-1039] (EEM) [Entered: 01/29/2026 04:05 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Matthew D. Rowen. Served on 01/29/2026. [26-1039] (MDR) [Entered: 01/29/2026 01:36 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Erin E. Murphy. Served on 01/29/2026. [26-1039] (EEM) [Entered: 01/29/2026 01:35 PM] |
| MOTION to expedite briefing and align appeal with related cases for oral argument filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 01/29/2026. [26-1039] (EEM) [Entered: 01/29/2026 04:11 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Philip Hammersley. Served on 01/29/2026. [26-1039] (PH) [Entered: 01/29/2026 04:13 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #36) filed by Appellant Pharmaceutical Research and Manufacturers of America. Appearance form due 01/29/2026. Docketing Statement due 01/29/2026. [26-1039] (GRC) [Entered: 01/15/2026 11:08 AM] |
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