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The NAM filed an amicus brief in the U.S. Court of Appeals for the Third Circuit brief opposing Louisiana’s attempt to file a lawsuit against GlaxoSmithKline stemming from the company’s Flonase marketing. The State of Louisiana previously received a settlement, as a member of a class, from GlaxoSmithKline. This case could establish a precedent allowing states to recover damages twice for the same conduct and could prolong litigation and bring uncertainty to the finality of settlements. The NAM’s amicus brief argued that Louisiana can be bound by the settlement agreement even when it claims sovereign immunity from litigation under the Eleventh Amendment. Unfortunately, the Third Circuit did not agree with NAM’s argument but held that Louisiana retained the ability to sue because, pursuant to the Eleventh Amendment, Louisiana did not waive its sovereign immunity.