This Week in 340B: April 15 – 21, 2025

McDermott Will & Emery

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. 

Issues at Stake: Rebate Model; Contract Pharmacy; Other

  • In six cases against HRSA related to rebate models:
    • In five cases, defendants filed a reply in further support of their motion for summary judgment.
    • In one case, the plaintiff filed a reply in support of its motion for summary judgment and in opposition to the government’s cross-motion for summary judgment.
  • In a case against Health Resources and Services Administration (HRSA) challenging its certification of a group of entities as 340B-eligible, defendants filed a memorandum of points and authorities in support of their partial motion to dismiss.
  • A trade association representing drug manufacturers filed a complaint to challenge a Utah state law restricting contract pharmacy arrangements.
  • In two appealed cases challenging a Louisiana law governing contract pharmacy arrangements, a group of amici filed amicus briefs.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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