Gravel & Shea Lawyers Help Obtain Landmark Ruling From U.S. Supreme Court

On June 23, 2011, Robert B. Hemley and Matthew B. Byrne were among a team of attorneys that prevailed in the United States Supreme Court against the State of Vermont in the case of IMS v. Sorrell.

In a 6-3 decision authored by Justice Kennedy, the Supreme Court struck down a Vermont law that infringed on the First Amendment rights of companies that process data relating to the prescription of pharmaceutical drugs. The State law prohibited the companies from using the data, while at the same time allowing the State to use the very same data. While Vermont attempted to justify the law as advancing its broader health care agenda by promoting the use of generic drugs, the Court held that the law constituted improper viewpoint discrimination.

The decision affirmed a ruling by the United States Court of Appeals for the Second Circuit. Both Mr. Hemley and Mr. Byrne participated in the trial before the Hon. J. Garvin Murtha in the District of Vermont, and in the appeals before the Second Circuit and the Supreme Court. Read the Opinion.