Pharm. Res. & Mfr. of America v. Marty Jackley, et al
| Pharmaceutical Research and Manufacturers of America |
| 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 |
| 26-2694 |
| August 25, 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. Appellant Pharmaceutical Research and Manufacturers of America's brief is due November 6, 2026. Appellees' brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5692447] [26-2694] (GP) [Entered: 10/07/2026 04:09 PM] |
| JUDGE ORDER:Denying [ # 5677853-2 ] petition for initial hearing en banc filed by Appellant Pharmaceutical Research and Manufacturers of America. Judge Justin D. Smith and Judge Traynor would grant the petition for initial hearing en banc. Chief Judge Colloton did not participate in the consideration or decision of this matter. Special Sep 2026 [5692416] [26-2694] (GP) [Entered: 10/07/2026 03:37 PM] |
| REPLY to response to petition for initial hearing en banc [ # 5686373-2 ] filed by Appellant Pharmaceutical Research and Manufacturers of America w/service 10/06/2026. [5691446] [26-2694] (GP) [Entered: 10/06/2026 08:55 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. [ # 5687961-2 ] Special Sep 2026 [5691426] [26-2694] (GP) [Entered: 10/06/2026 08:45 AM] |
| MOTION to file a reply to response, [ # 5686373-2 ], filed by Attorney Erin Murphy for Appellant Pharmaceutical Research and Manufacturers of America w/service 09/25/2026. [5687961] [26-2694]--[Edited 09/25/2026 by HAG to correct relief and revise dkt txt] (EM) [Entered: 09/25/2026 03:29 PM] |
| RESPONSE to petition for initial hearing en banc [ # 5677853-2 ] filed by Attorney Grant Michael Flynn for Appellees Marty Jackley and Larry Deiter, w/service 09/21/2026. [5686373] [26-2694] (GP) [Entered: 09/22/2026 08:23 AM] |
| ****DOCUMENT LOCKED****APPELLEE brief of Marty Jackley and Larry Deiter 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. [5686327] [26-2694]--[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 5686373. NDA resent.] (GMF) [Entered: 09/21/2026 04:57 PM] |
| CLERK ORDER:Granting [ # 5683797-2 ] motion hold briefing schedule in abeyance filed by Erin Murphy. [5684685] [26-2694] (GP) [Entered: 09/17/2026 08:20 AM] |
| MOTION to hold briefing in abeyance Pending Resolution of the Petition for En Banc Review, filed by Attorney Erin Murphy for Appellant Pharmaceutical Research and Manufacturers of America w/service 09/15/2026. [5683797] [26-2694]--[Edited to replace the miscellaneous relief with the correct relief being sought by this motion 09/16/2026 by AMT] (EM) [Entered: 09/15/2026 12:52 PM] |
| JUDGE ORDER: A petition for initial hearing en banc has been filed by appellant. The court requests a response to the petition in No. 26-2694. The response is limited to 3900 words and must contain a word count certificate. It should be filed electronically on or before September 21, 2026. [ # 5677853-2 ] Special Sep 2026 [5681363] [26-2694] (GP) [Entered: 09/09/2026 11:13 AM] |
| METHOD of appendix preparation filed by Appellant Pharmaceutical Research and Manufacturers of America - Joint Appendix - w/service 09/08/2026 [5680971] [26-2694] (EM) [Entered: 09/08/2026 04:02 PM] |
| STATEMENT of issues filed by Appellant Pharmaceutical Research and Manufacturers of America - w/service 09/08/2026. [5680966] [26-2694] (EM) [Entered: 09/08/2026 04:01 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] |
| CORPORATE disclosure statement filed by Appellant Pharmaceutical Research and Manufacturers of America. - FOR CAL [5677472] [26-2694] (EM) [Entered: 08/28/2026 10:13 AM] |
| APPEARANCE filed by Grant Flynn for Appellees Larry Deiter and Marty Jackley w/service 08/26/2026 [5676499] [26-2694] (GMF) [Entered: 08/26/2026 01:33 PM] |
| Originating court document filed consisting of notice of appeal filed 8/24/2026, Opinion and Order filed 8/7/2026, Judgment filed 8/7/2026, and docket entries, [5675787] [26-2694] (ASL) [Entered: 08/25/2026 09:27 AM] |
| 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] |
| Civil case docketed. [5675774] [26-2694] (ASL) [Entered: 08/25/2026 09:18 AM] |
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| Plaintiff: Pharmaceutical Research and Manufacturers of America | |
| Represented By: | Matthew David Rowen |
| Represented By: | Abid Qureshi |
| Represented By: | Andrew D. Prins |
| Represented By: | Shawn M. Nichols |
| Represented By: | Erin Murphy |
| Represented By: | Philip W. Hammersley |
| Represented By: | Cherish Alise Drain |
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| Defendant: Marty Jackley, in his official capacity as Attorney General of the State of South Dakota | |
| Represented By: | Grant Michael Flynn |
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| Defendant: Larry Deiter, in his official capacity as Director of the South Dakota Division of Insurance | |
| Represented By: | Grant Michael Flynn |
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