Josh Wackerly

Partner
Arrow pointing right.
Back
address

101 College Street

Dripping Springs, TX 78620

phone
(512) 275-6550
email

Josh Wackerly

Partner
Arrow pointing right.
Back

Josh focuses his practice on complex litigation, including antitrust, consumer protection, and False Claims Act claims in the healthcare and pharmaceutical spaces.

Josh has represented dozens of States throughout his career, including representing the States of Arkansas, Illinois, Kansas, Kentucky, Mississippi, Montana, Massachusetts, Oklahoma, Texas, and Utah in Insulin Pricing MDL in the District of New Jersey. In addition, he represents the State of Vermont in litigation against Express Scripts and CVS related to
overcharging the State and its consumers or prescription drugs. He further represents ten additional States that are either investigating and/or have resolved claims against pharmacy benefit managers and their affiliated entities for wrongfully withholding money from public payors and engaging in false claims.

Josh further represents numerous municipalities and counties in Missouri, New York, Texas, and Vermont pursuing claims for injunctive relief and damages arising out of the opioid epidemic. Josh and the rest of the CWC litigation team were responsible for developing and bringing into the national spotlight the liability theories against the pharmacy benefit manager defendants related to their involvement in the opioid public health crisis that is still devastating communities across the country.

In addition to his work on behalf of public entities, Josh has devoted significant time to pro bono matters. Josh successfully briefed, argued and won an appeal of the denial of a habeas petition before U.S. Court of Appeals for the Seventh Circuit. After remand, Josh successfully argued the case to the Southern District of Indiana, resulting in the release of a woman who had been wrongly imprisoned for the past eighteen years. Josh also has numerous other pro bono successes, including assisting the ACLU of Texas in securing $1.1 million for a New Mexico woman who was crossing the border and illegally subjected to a traumatic body cavity search and assisting the state attorneys general of New Jersey and Delaware in obtaining a restraining order against a Texas based anarchist group that was attempting to share 3d printable gun codes over the internet.

Josh is admitted to practice in the state of Texas. He is also admitted to the United States District Court for the Southern District of Texas and the United States Court of Appeals for the Fifth and Seventh Circuits.

Josh graduated with honors from Harvard Law School.

Education

  • J.D., Harvard Law School, cum laude
  • Dean’s Scholar Award Constitutional Law
  • Dean’s Scholar Award Socio-Economic Rights
  • B.A., Ohio State University, summa cum laude

Bar Admissions

  • State Bar of Texas

Court Admissions

  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Arkansas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit