Pharmaceutical Research & Manufacturers of America v. Frey, et al
| PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA |
| AARON M. FREY, in the official capacity as Attorney General of the State of Maine and ROBERT L. CAREY, in the official capacity as Superintendent of the Bureau of Insurance |
| UNITED STATES, AMERICAN HOSPITAL ASSOCIATION, 340B HEALTH, MAINE HOSPITAL ASSOCIATION and AMERICAN SOCIETY OF HEALTH-SYSTEM PHARMACISTS |
| 26-1099 |
| January 28, 2026 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
Docket Report
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| 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. [26-1099] (EEM) [Entered: 06/26/2026 11:05 AM] |
| CASE argued. Panel: Seth Robert Aframe, Appellate Judge; Ojetta Rogeriee Thompson, Appellate Judge and Joshua D. Dunlap, Appellate Judge. Arguing attorneys: Jacob Roth for US, Erin E. Murphy for Pharmaceutical Research and Manufacturers of America and Kimberly Leehaug Patwardhan for Aaron M. Frey and Robert L. Carey. [26-1099] (DJT) [Entered: 06/02/2026 12:57 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Jacob Roth for Amicus Curiae US. Served on 05/18/2026. [26-1099] (JR) [Entered: 05/18/2026 05:41 PM] |
| NOTICE of appearance filed by Attorney Jacob Roth for Amicus Curiae US. Served on 05/18/2026. [26-1099] (ATC) [Entered: 05/18/2026 05:20 PM] |
ORDER entered: Upon consideration, Attorney Jacob "Yaakov" M. Roth's motion for leave to enter an appearance on behalf of Movant United States is granted. Attorney Roth's notice of appearance is accepted for filing as of this date. [26-1099] (ATC) [Entered: 05/18/2026 05:19 PM]
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| MOTION requesting leave for Attorney Jacob ("Yaakov") M. Roth to enter an appearance on behalf of Movant(s) United States of America. Served on 05/18/2026. [26-1099] (MAB) [Entered: 05/18/2026 04:20 PM] |
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ORDER entered by Seth Robert Aframe, Appellate Judge:Amicus Curiae United States' motion to participate in oral argument in support of Appellant is granted, with the time allotted to Appellant and Amicus Curiae United States to equal the time allotted to Appellees. [26-1099] (DJT) [Entered: 05/18/2026 11:42 AM]
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| MOTION for leave to appear at oral argument filed by Amicus Curiae US. Served on 05/14/2026. [26-1099] (MAB) [Entered: 05/14/2026 01:20 PM] |
| NINE (9) paper copies of reply brief [ # 6804147-2 ] submitted by Appellant Pharmaceutical Research and Manufacturers of America. [26-1099] (SRS) [Entered: 05/13/2026 04:51 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Kimberly Leehaug Patwardhan for Appellees Robert L. Carey and Aaron M. Frey. Served on 05/04/2026. [26-1099] (KLP) [Entered: 05/04/2026 05:03 PM] |
| 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. [26-1099] (EEM) [Entered: 05/04/2026 10:02 AM] |
| REPLY BRIEF filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 04/22/2026. 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 04/30/2026 . [26-1099] (YCC) [Entered: 04/23/2026 01:42 PM] |
| BRIEF tendered by Appellant Pharmaceutical Research and Manufacturers of America. [26-1099] (EEM) [Entered: 04/22/2026 09:07 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Tuesday, June 2, 2026, at 9:30 a.m. in Boston, MA in the En Banc 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. [26-1099] (DJT) [Entered: 04/21/2026 02:48 PM] |
| NINE (9) paper copies of amici curiae brief [ # 6801157-2 ] submitted by Amici Curiae 340B Health, American Hospital Association, American Society of Health-System Pharmacists and Maine Hospital Association. [26-1099] (SRS) [Entered: 04/15/2026 08:30 AM] |
| AMICI CURIAE BRIEF filed by Amici Curiae 340B Health, American Hospital Association, American Society of Health-System Pharmacists, and Maine Hospital Association in support of Appellees and affirmance. Served on 04/08/2026. 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 04/20/2026 . [26-1099] (ATC) [Entered: 04/13/2026 10:13 AM] |
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ORDER entered: No objections having been filed, American Hospital Association, 340B Health, Maine Hospital Association, 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. [26-1099] (ATC) [Entered: 04/13/2026 10:10 AM]
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| NINE (9) paper copies of appellees' brief [ # 6798082-2 ] submitted by Appellees Robert L. Carey and Aaron M. Frey. [26-1099] (SRS) [Entered: 04/15/2026 02:34 PM] |
| DISCLOSURE statement filed by Amici Curiae 340B Health, American Hospital Association, American Society of Health-System Pharmacists, and Maine Hospital Association. Served on 04/08/2026. [26-1099] (ATC) [Entered: 04/09/2026 01:42 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) American Hospital Association, 340B Health, Maine Hospital Association, American Society of Health-System Pharmacists. Served on 04/08/2026. [26-1099] (WBS) [Entered: 04/08/2026 01:34 PM] |
| NOTICE of appearance on behalf of Movant(s) American Hospital Association, 340B Health, Maine Hospital Association, American Society of Health-System Pharmacists filed by Attorney William B. Schultz. Served on 04/08/2026. [26-1099] (WBS) [Entered: 04/08/2026 01:28 PM] |
| APPELLEE'S BRIEF filed by Appellees Robert L. Carey and Aaron M. Frey. Served on 04/01/2026. 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 04/09/2026 . [26-1099] (YCC) [Entered: 04/02/2026 08:42 AM] |
| BRIEF tendered by Appellees Aaron M. Frey and Robert L. Carey. [26-1099] (KLP) [Entered: 04/01/2026 07:33 PM] |
| NINE (9) paper copies of amicus brief [ # 6791861-2 ] submitted by Amicus Curiae US. [26-1099] (YCC) [Entered: 03/23/2026 08:17 AM] |
| AMICUS CURIAE BRIEF tendered by United States of America. [26-1099] (MAB) [Entered: 03/09/2026 12:39 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae United States in support of Appellant and Reversal. 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 03/16/2026 . [26-1099] (ATC) [Entered: 03/09/2026 05:17 PM] |
| NOTICE of appearance on behalf of Movant(s) United States of America filed by Attorney Maxwell A. Baldi. Served on 03/09/2026. [26-1099] (MAB) [Entered: 03/09/2026 12:38 PM] |
| FIVE (5) paper copies of appendix [ # 6790026-2 ] submitted by Appellant Pharmaceutical Research and Manufacturers of America. [26-1099] (SRS) [Entered: 03/12/2026 12:26 PM] |
| NINE (9) paper copies of appellant's brief [ # 6790022-2 ] submitted by Appellant Pharmaceutical Research and Manufacturers of America. [26-1099] (SRS) [Entered: 03/12/2026 12:36 PM] |
| DISCLOSURE statement filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 03/02/2026. [26-1099] (YCC) [Entered: 03/03/2026 09:24 AM] |
| APPENDIX filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 03/02/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/10/2026 . [26-1099] (YCC) [Entered: 03/03/2026 09:23 AM] |
| APPELLANT'S BRIEF filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 03/02/2026. 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 03/10/2026 . [26-1099] (YCC) [Entered: 03/03/2026 09:21 AM] |
| APPENDIX tendered by Appellant Pharmaceutical Research and Manufacturers of America. Served on 03/02/2026. [26-1099] (EEM) [Entered: 03/02/2026 09:05 PM] |
| BRIEF tendered by Appellant Pharmaceutical Research and Manufacturers of America. [26-1099] (EEM) [Entered: 03/02/2026 09:04 PM] |
| 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: Nicholas L. Schlossman for Pharmaceutical Research and Manufacturers of America. [26-1099] (ATC) [Entered: 02/27/2026 08:55 AM] |
| EXPEDITED briefing schedule set. Brief and Appendix due 03/02/2026 for appellant Pharmaceutical Research and Manufacturers of America. [26-1099] (ATC) [Entered: 02/25/2026 08:56 AM] |
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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 March 2, 2026; (2) Defendants shall file their response brief on April 1, 2026; and (3) Plaintiff shall file its reply on April 22, 2026. The briefing schedule entered on February 12, 2026, is vacated. The court will coordinate resolution of this appeal and related appeals to the extent possible and appropriate. [26-1099] (ATC) [Entered: 02/25/2026 08:53 AM]
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| MOTION to expedite and for alignment for oral argument filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/20/2026. [26-1099] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (EEM) [Entered: 02/20/2026 02:12 PM] |
| DISCLOSURE statement filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/20/2026. [26-1099] (ATC) [Entered: 02/20/2026 03:26 PM] |
| NOTICE of filing the following transcript in district court by Court Reporter Lori Dostie Dunbar: 12/10/2025, Preliminary Injunction Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [26-1099] (ATC) [Entered: 02/12/2026 10:52 AM] |
| TRANSCRIPT ordered: 12/10/2025, Preliminary Injunction Hearing. Transcript due 04/13/2026 from Court Reporter Lori Dostie Dunbar. [26-1099] (ATC) [Entered: 02/12/2026 10:49 AM] |
| NOTICE of appearance on behalf of Appellees Aaron M. Frey and Robert L. Carey filed by Attorney Michael Devine. Served on 02/12/2026. [26-1099] (MTD) [Entered: 02/12/2026 02:44 PM] |
| BRIEFING schedule set. Brief and Appendix due 03/24/2026 for appellant Pharmaceutical Research and Manufacturers of America. 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. [26-1099] (ATC) [Entered: 02/12/2026 10:55 AM] |
| NOTICE issued. After 02/26/2026, the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Nicholas L. Schlossman for Pharmaceutical Research and Manufacturers of America. [26-1099] (ATC) [Entered: 02/12/2026 10:59 AM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Stephen B. Segal. Served on 02/11/2026. [26-1099] (SBS) [Entered: 02/11/2026 03:07 PM] |
| TRANSCRIPT report/order form filed by Appellant Pharmaceutical Research and Manufacturers of America indicating transcripts are being ordered. Served on 02/11/2026. [26-1099] (EEM) [Entered: 02/11/2026 04:25 PM] |
| DOCKETING statement filed by Appellant Pharmaceutical Research and Manufacturers of America. Served on 02/11/2026. [26-1099] (EEM) [Entered: 02/11/2026 04:17 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Camilo Garcia. Served on 02/11/2026. [26-1099] (CG) [Entered: 02/11/2026 04:16 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Philip Hammersley. Served on 02/11/2026. [26-1099] (PH) [Entered: 02/11/2026 04:12 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Matthew D. Rowen. Served on 02/11/2026. [26-1099] (MDR) [Entered: 02/11/2026 04:08 PM] |
| NOTICE of appearance on behalf of Appellant Pharmaceutical Research and Manufacturers of America filed by Attorney Erin E. Murphy. Served on 02/11/2026. [26-1099] (EEM) [Entered: 02/11/2026 04:06 PM] |
| NOTICE of appearance on behalf of Appellees Aaron M. Frey and Robert L. Carey filed by Attorney Kimberly L. Patwardhan. Served on 02/02/2026. [26-1099] (KLP) [Entered: 02/02/2026 11:58 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #52) filed by Appellant Pharmaceutical Research and Manufacturers of America. Docketing Statement, Transcript Report/Order form, and Appearance form due 02/11/2026 . [26-1099] (ATC) [Entered: 01/28/2026 11:16 AM] |
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