211731P.pdf   04/03/2023  Pharmaceutical Research  v.  Stuart Williams
   U.S. Court of Appeals Case No:  21-1731
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Smith, Author, with Gruender and Kobes, Circuit Judges] 
   Civil case - Alec Smith Insulin Affordability Act - Minn Stat. Sec. 
   151.74. The plaintiff trade association filed this action on behalf of 
   itself and three of its members, the major manufacturers of insulin sold 
   in the U.S., alleging the Minnesota Act, which requires pharmaceutical 
   companies to provide certain medications to qualifying Minnesota 
   applicants at no cost, violates the Takings Clause of the Fifth Amendment. 
   They sought a declaration that the Act is unconstitutional and an 
   injunction barring the Minnesota Board which enforces the Act from 
   enforcing its provisions. The district court dismissed the action for lack 
   of subject matter jurisdiction and for failure to state a claim upon which 
   relief can be granted. Plaintiff appeals. In the specific context of this 
   case, Minnesota's inverse condemnation procedure does not afford insulin 
   manufacturers an adequate remedy for the repetitive series of alleged 
   takings under the Act; the district court erred, therefore, in concluding 
   that plaintiff lacks standing to seek injunctive relief and declaratory 
   relief to redress violations of the Takings Clause; the plaintiff also 
   possessed associational standing because the case involves an allegation 
   of a physical, per se taking with a request for equitable relief, neither 
   of which requires the participation of individual members in the lawsuit; 
   sovereign immunity does not bar the suit against the Board members. Judge 
   Gruender, concurring.