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Judge Sets Oct. 17 for Next Industry Challenge to Nevada Price Law

Sept. 28, 2017

A federal judge in Nevada set a hearing for Oct. 17 on a move by BIO and PhRMA to block the state’s new law on price transparency for diabetes drugs, after rejecting their request to head off the law before it takes effect Oct 1.

The hearing will consider the request from the industry groups for a preliminary injunction to forestall the law. Their bid for a temporary restraining order was denied earlier this month by Judge James Mahan.

One of the criteria for obtaining a TRO is a showing that in its absence, those requesting the order will suffer irreparable injury. BIO and PhRMA argued that once the state health department announces its list of essential diabetes drugs to be covered by the law, drugmakers will lose their trade-secret protection for confidential information. But Mahan said the department already has announced a proposed list, and other provisions of the law won’t take effect before the Oct. 17 hearing, so there’s no need for a TRO.

The law was passed in June and the pharmaceutical groups went to court to block it on Sept. 1.

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