This Week in 340B: April 29 – May 5, 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: Contract Pharmacy; Rebate Model; Other

  • In an appealed case challenging a Louisiana law governing contract pharmacy arrangements, the appellant filed its reply brief. 
  • In one case against the Health Resources and Services Administration (HRSA) related to rebate models, the government filed its reply.
  • In a case by a 340B covered entity against HRSA, the covered entity filed a supplemental brief in support of its motion for preliminary injunction.
  • In four cases challenging proposed state laws governing contract pharmacy arrangements in Utah, Nebraska, North Dakota, and South Dakota: 
    • In Utah, the plaintiff filed an amended motion for preliminary injunctive relief.
    • In Nebraska and South Dakota, the defendant filed a motion to dismiss.
    • In North Dakota, the defendant filed an answer to plaintiffs’ complaint.

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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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