L) (2:24-cv-00271) PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA v. John B. McCuskey

FILED: June 2, 2026
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
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No. 25-1054 (L)
(2:24-cv-00271)
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PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA
Plaintiff - Appellee
v.
JOHN B. MCCUSKEY, in his official capacity as Attorney General of West
Virginia; JOHN BERNABEI, in his official capacity as a member of the West
Virginia Board of Pharmacy; JAMES RUCKER, in his official capacity as a
member of the West Virginia Board of Pharmacy; JENNA MISITI, in her official
capacity as a member of the West Virginia Board of Pharmacy; SAM
KAPOURALES, in his official capacity as a member of the West Virginia Board
of Pharmacy; DAVID BOWYER, in his official capacity as a member of the West
Virginia Board of Pharmacy; DENNIS LEWIS, in his official capacity as a
member of the West Virginia Board of Pharmacy; ROBERT DUNCAN, in his
official capacity as a member of the West Virginia Board of Pharmacy; ALLAN
MCVEY, in his official capacity as Insurance Commissioner
Defendants - Appellants
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340B HEALTH; AMERICAN HOSPITAL ASSOCIATION; WEST VIRGINIA
HOSPITAL ASSOCIATION; WEST VIRGINIA PRIMARY CARE
ASSOCIATION
Amici Supporting Appellants
and

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AMERICAN SOCIETY OF HEALTH-SYSTEMS PHARMACISTS
Amicus Supporting Rehearing Petition
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AMENDED ORDER
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A majority of judges in regular active service and not disqualified having
voted in a requested poll of the court to grant the petition for rehearing en banc,
IT IS ORDERED that rehearing en banc is granted.
Judges Wilkinson, Agee, Harris, and Quattlebaum were recused and did not
participate in the poll.
The parties shall file 16 additional paper copies of their briefs and appendices
previously filed in this case within 10 days.
This case shall be scheduled for oral argument at the next available court
session.
For the Court
/s/ Nwamaka Anowi, Clerk

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