2nd Circuit Reinstates New York's Opioid Tax As A Federally Defined Levy

(September 15, 2020, 2:18 PM EDT) -- NEW YORK — The Second Circuit U.S. Court of Appeals on Sept. 14 reinstated New York's statutory requirement that opioid manufacturers and distributors make annual payments to a state opioid services fund, finding that it is a federally defined tax that a district court should have severed from a disputed provision preventing payers from passing the tax along to consumers (Association for Accessible Medicines, et al. v. Letitia James, et al., Nos. 19-183, 19-199 and 19-201, 2nd Cir., 2020 U.S. App. LEXIS 29016)....

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