This Week in 340B: April 8 – 14, 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

  • In five cases against the Health Resources and Services Administration (HRSA) related to rebate models:
    • In one case, amici filed an amicus brief in support of the government.
    • In one case, a plaintiff filed a brief in opposition to defendants’ cross motion for summary judgment and reply in support of summary judgment.
    • In four cases, intervenor defendants filed a reply brief in support of their cross motion for summary judgment.
  • In a case challenging a Utah law that would restrict manufacturers’ ability to restrict contract pharmacy arrangements, the plaintiffs filed a motion for a preliminary injunction.
  • In two appealed cases challenging a Louisiana law governing contract pharmacy arrangements, the defendant and intervenor-defendant filed their briefs.
  • In a case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the drug manufacturer filed a motion to strike a declaration.
  • Two drug manufacturer filed four separate complaints to challenge four state laws restricting contract pharmacy arrangements.

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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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