AbbVie, Inc., et al v. Marty Jackley, et al
| AbbVie, Inc., a Delaware Corporation, Allergan, Inc., a Delaware Corporation, Durata Therapeutics, Inc., a Delaware Corporation, AbbVie Products, LLC, a Georgia Limited Liability Company, Pharmacyclics, LLC, a Delaware Limited Liability Company and Allergan Sales, LLC, a Delaware Limited Liability Company |
| Marty Jackley, In his Official Capacity as Attorney General of the State of South Dakota and Larry Deiter, In his Official Capacity as Director of the South Dakota Division of Insurance |
| 26-2596 |
| August 11, 2026 |
| U.S. Court of Appeals, Eighth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| CLERK ORDER: The previous abeyance of the briefing schedule is lifted. Appellants AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics, LLC and Astrazeneca Pharmaceuticals, LP's briefs are due November 6, 2026. Appellees' brief is due 30 days from the date the court issues the Notice of Docket Activity filing the briefs of appellants. [5692450] [26-2596, 26-2597] (GP) [Entered: 10/07/2026 04:13 PM] |
| JUDGE ORDER:Denying [ # 5677853-2 ] petition for initial hearing en banc filed by Appellants Allergan, Inc., Allergan Sales, LLC, AbbVie, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC and Pharmacyclics, LLC, Appellant Astrazeneca Pharmaceuticals, LP. Judge Justin D. Smith and Judge Traynor would grant the petition for initial hearing en banc. Special Sep 2026 [5692425] [26-2596, 26-2597] (GP) [Entered: 10/07/2026 03:42 PM] |
| REPLY to response to petition for initial hearing en banc [ # 5686374-2 ] filed by Appellants AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics, LLC in 26-2596, and Appellant Astrazeneca Pharmaceuticals, LP in 26-2597 w/service 10/06/2026. [5691452] [26-2596, 26-2597] (GP) [Entered: 10/06/2026 08:58 AM] |
| JUDGE ORDER: The motion for leave to file a reply to Appellees' response in opposition to the petition for initial hearing en banc is granted. [ # 5688014-2 ] Special Sep 2026 [5691431] [26-2596, 26-2597] (GP) [Entered: 10/06/2026 08:49 AM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: Transcript of Hearing on Motion to Dismiss at District Court document #72 [Only Electronic Copy Received - No Paper Copy on File]. Source Location: USDC / SD, Dt. of Proceeding/Hearing: 03/27/2026, No. of Pgs.: 145, Court Reporter: Bernstein, Tricia L. [5691191] [26-2596] (BNW) [Entered: 10/05/2026 03:00 PM] |
| ****DOCUMENT LOCKED****REPLY to response to petition for initial hearing en banc [ # 5686374-2 ] filed by Attorney Matthew Scott Owen for Appellants Allergan, Inc., Allergan Sales, LLC, AbbVie, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC and Pharmacyclics, LLC in 26-2596, Attorney Allon S. Kedem for Appellant Astrazeneca Pharmaceuticals, LP in 26-2597 w/service 09/25/2026. [5688018] [26-2596, 26-2597]--[Edited 09/25/2026 by HAG to revise dkt txt]--[Edited 10/07/2026 by GP - This document has been filed and replaced by the docket entry ID 5691452.] (ASK) [Entered: 09/25/2026 04:16 PM] |
| MOTION to file a reply to response, [ # 5686374-2 ], filed by Attorney Matthew Scott Owen for Appellants Allergan, Inc., Allergan Sales, LLC, AbbVie, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC and Pharmacyclics, LLC in 26-2596, Attorney Allon S. Kedem for Appellant Astrazeneca Pharmaceuticals, LP in 26-2597 w/service 09/25/2026. [5688014] [26-2596, 26-2597]--[Edited 09/25/2026 by HAG to correct relief and revise dkt txt] (ASK) [Entered: 09/25/2026 04:14 PM] |
| RESPONSE to petition for initial hearing en banc [ # 5677853-2 ] filed by Attorney Grant Michael Flynn for Appellees Marty Jackley and Larry Deiter in 26-2596, 26-2597, w/service 09/21/2026. [5686374] [26-2596, 26-2597] (GP) [Entered: 09/22/2026 08:25 AM] |
| ****DOCUMENT LOCKED****APPELLEE brief of Marty Jackley and Larry Deiter in 26-2596, 26-2597 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5686323] [26-2596, 26-2597]--[Edited 09/22/2026 by GP - This document has been filed under the incorrect CM/ECF filing event. The Clerk's Office has refiled it under the correct CM/ECF event under docket entry ID 5686374. NDA resent.] (GMF) [Entered: 09/21/2026 04:47 PM] |
| CLERK ORDER:Granting [ # 5684256-2 ] motion hold briefing schedule in abeyance filed by Matthew Scott Owen. [5684691] [26-2596, 26-2597] (GP) [Entered: 09/17/2026 08:26 AM] |
| MOTION to hold briefing schedule in abeyance, filed by Attorney Matthew Scott Owen for Appellants Allergan, Inc., Allergan Sales, LLC, AbbVie, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC and Pharmacyclics, LLC in 26-2596 w/service 09/16/2026. [5684256] [26-2596, 26-2597] (GP) [Entered: 09/16/2026 10:30 AM] |
| ****DOCUMENT LOCKED****MOTION for stay, filed by Attorney Matthew Scott Owen for Appellants AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics, LLC in 26-2596 w/service 09/15/2026. [5684041] [26-2596, 26-2597]--[Edited 09/16/2026 by GP - This motion has been refiled by the Clerk's Office under with the correct relief for what this motion seeks. See docket entry ID 5684256. NDA resent.] (MSO) [Entered: 09/15/2026 04:33 PM] |
| JUDGE ORDER: A petition for initial hearing en banc has been filed by appellants. The court requests a response to the petition in Nos. 26-2596 and 26-2597. The response in Nos. 26-2596 & 25-2697 is limited to 3900 words and must contain a word count certificate. It should be filed electronically on or before September 21, 2026. The petition filed in No. 26-2694 will be considered separately because one judge in regular active service is disqualified in that case. [ # 5677853-2 ] Special Sep 2026 [5681110] [26-2596, 26-2597] (GP) [Entered: 09/09/2026 08:42 AM] |
| STATEMENT of issues filed by Appellants AbbVie, Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC, Pharmacyclics, LLC and Allergan Sales, LLC in 26-2596 - w/service 09/08/2026. [5680821] [26-2596, 26-2597] (MSO) [Entered: 09/08/2026 02:43 PM] |
| METHOD of appendix preparation filed by Appellants AbbVie, Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC, Pharmacyclics, LLC and Allergan Sales, LLC in 26-2596 - Joint Appendix - w/service 09/08/2026 [5680827] [26-2596, 26-2597] (MSO) [Entered: 09/08/2026 02:47 PM] |
| PETITION for initial Hearing En Banc filed by Appellant Pharmaceutical Research and Manufacturers of America in 26-2694, Appellants Allergan, Inc., AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Durata Therapeutics, Inc. and Pharmacyclics, LLC in 26-2596, Appellant Astrazeneca Pharmaceuticals, LP in 26-2597 w/service 08/28/2026 [5677853] [26-2694, 26-2596, 26-2597] (EM) [Entered: 08/28/2026 07:28 PM] |
| Certificate of transcript filed by Appellants AbbVie, Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC, Pharmacyclics, LLC and Allergan Sales, LLC in 26-2596. Transcript ordered[5676156] [26-2596, 26-2597, 26-2694] (MSO) [Entered: 08/25/2026 04:48 PM] |
| DESIGNATION of record filed by Appellant Astrazeneca Pharmaceuticals, LP in 26-2597. w/service 08/25/2026 [5676012] [26-2597, 26-2596, 26-2694] (ASK) [Entered: 08/25/2026 02:22 PM] |
| STATEMENT of issues filed by Appellant Astrazeneca Pharmaceuticals, LP in 26-2597 - w/service 08/25/2026. [5676010] [26-2597, 26-2596, 26-2694] (ASK) [Entered: 08/25/2026 02:21 PM] |
| METHOD of appendix preparation filed by Appellant Astrazeneca Pharmaceuticals, LP in 26-2597 - Joint Appendix - w/service 08/25/2026 [5676007] [26-2597, 26-2596, 26-2694] (ASK) [Entered: 08/25/2026 02:19 PM] |
| Certificate of transcript filed by Appellant Astrazeneca Pharmaceuticals, LP in 26-2597. Transcript ordered[5676002] [26-2597, 26-2596, 26-2694] (ASK) [Entered: 08/25/2026 02:17 PM] |
| CONSOLIDATED BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 10/05/2026. Appendix due 10/14/2026. BRIEF APPELLANT, AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics, LLC, Astrazeneca Pharmaceuticals, LP, and Pharmaceutical Research and Manufacturers of America due 10/14/2026 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5675803] [26-2596, 26-2597, 26-2694] (ASL) [Entered: 08/25/2026 09:35 AM] |
| APPEARANCE filed by Catherine A. Seeley for Appellants AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc. and Pharmacyclics, LLC w/service 08/21/2026 [5674898] [26-2596] (CAS) [Entered: 08/21/2026 02:00 PM] |
| APPEARANCE filed by Meredith M. Pohl for Appellants AbbVie, Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC, Pharmacyclics, LLC and Allergan Sales, LLC w/service 08/18/2026 [5673358] [26-2596] (MMP) [Entered: 08/18/2026 01:44 PM] |
| APPEARANCE filed by Russell Balikian for Appellants AbbVie, Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products, LLC, Pharmacyclics, LLC and Allergan Sales, LLC w/service 08/17/2026 [5672943] [26-2596] (RBB) [Entered: 08/17/2026 03:03 PM] |
| APPEARANCE filed by Grant Flynn for Appellees Marty Jackley and Larry Deiter w/service 08/14/2026 [5672172] [26-2596] (GMF) [Entered: 08/14/2026 09:19 AM] |
| CORPORATE disclosure statement filed by Appellant Astrazeneca Pharmaceuticals, LP in 26-2597. - FOR CAL [5672086] [26-2597, 26-2596] (ASK) [Entered: 08/13/2026 04:39 PM] |
| CORPORATE disclosure statement filed by Appellants AbbVie, Inc., AbbVie Products, LLC, Allergan Sales, LLC, Allergan, Inc., Pharmacyclics, LLC and Durata Therapeutics, Inc. in 26-2596. - FOR CAL [5671913] [26-2596, 26-2597] (MSO) [Entered: 08/13/2026 12:31 PM] |
| APPEARANCE filed by Matthew S. Owen for Appellants AbbVie, Inc., Allergan Sales, LLC, Durata Therapeutics, Inc., AbbVie Products, LLC, Pharmacyclics, LLC and Allergan, Inc. w/service 08/13/2026 [5671908] [26-2596] (MSO) [Entered: 08/13/2026 12:25 PM] |
| Originating court document filed consisting of docket entries, Opinion and Order filed 8/7/2026, Judgment filed 8/7/2026, and Notice of Appeal filed 8/7/2026. [5670950] [26-2596] (CBO) [Entered: 08/11/2026 03:20 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 09/21/2026. Appendix due 09/30/2026. BRIEF APPELLANT, AbbVie Products, LLC, AbbVie, Inc., Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics, LLC and Astrazeneca Pharmaceuticals, LP due 09/30/2026 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5670993] [26-2596, 26-2597] (CBO) [Entered: 08/11/2026 04:19 PM] |
| Civil case docketed. [5670947] [26-2596] (CBO) [Entered: 08/11/2026 03:15 PM] |
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