Here’s what has happened so far in the Sagebrush v. Amgen case:
- Sagebrush filed its lawsuit in California state court in December 2025
- The case was moved to federal court in January 2026
- Briefing on both Sagebrush’s motion to remand and Amgen’s motion to dismiss is complete
Two motions are pending before U.S. Federal District Judge Mark C. Scarsi:
- Sagebrush’s motion to send the case back to state court
- Amgen’s motion to dismiss or transfer
On March 18, 2026, Sagebrush filed a notice of supplemental authority alerting the court to the Adventist decision, which had been issued the day before. Sagebrush believes the timing was notable as the decision came just one day after oral argument on the pending motions.
The Adventist decision addresses the core argument Amgen has made for dismissal. Amgen contends that Sagebrush’s claims are really 340B enforcement claims in disguise and are therefore barred by Astra. The Ninth Circuit rejected that exact argument in Adventist, holding that claims arising independently of Section 340B are not precluded.
Sagebrush’s counsel argued at the hearing that the 340B Program provides background context but that Sagebrush’s state law claims arise from independent obligations. The Adventist ruling supports that position.
We will continue to provide updates as the case develops. The outcome matters not just for Sagebrush and Amgen, but also for every covered entity and patient who benefits from affordable medication.