Astra USA v. Santa Clara County - Post-Decision SCOTUScast

SCOTUScast 04-26-11 featuring Jeffrey S. Bucholtz

April 26, 2011

Jeffrey S. Bucholtz

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  Astra USA v. Santa Clara County - Post-Decision SCOTUScast - MP3
Running Time: 00:16:15

Jeffrey S. BucholtzOn March 29, 2011, the Supreme Court announced its decision in Astra USA v. Santa Clara County. The question in this case was whether health care providers, due to their status as a third-party beneficiary, could sue drug manufacturers for not following price limitations set by contracts between the manufacturers and the federal government.

In an opinion delivered by Justice Ginsburg, the Court held by an 8-0 vote that health care providers may not bring suits against drug manufacturers to enforce ceiling-price contracts between drug manufacturers and the federal government. Justice Kagan took no part in the consideration or decision of the case.

To discuss the case, we have Jeffrey S. Bucholtz, who is a partner in the Appellate Practice Group at King & Spalding. Mr. Bucholtz was on an amicus brief in support of the petitioners.

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Related Links

Opinion - March 29, 2011 (PDF)
Oral Argument Transcript - January 19, 2011 (PDF)
Astra USA v. Santa Clara County - Post-Argument SCOTUScast