This Week in 340B: August 13 – 19, 2024

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

  • In seven cases challenging proposed state laws governing contract pharmacy arrangements:
    • The plaintiff filed an opposition to the respondents’ motion to quash its subpoenas; the court granted a purported intervenor’s motion to intervene; the intervenor filed a motion to dismiss; the intervenor filed an answer in intervention to the plaintiff’s amended complaint; and a respondent filed an additional motion to quash a subpoena issued by the plaintiff.
    • Defendants filed omnibus memorandums in support of their motions to dismiss PhRMA’s claims and opposing PhRMA and AbbVie’s preliminary injunction motions in three related cases. In one of those three cases, defendants additionally filed a motion to dismiss for lack of subject matter jurisdiction.
    • The plaintiff filed an amended complaint and a reply memorandum in support of its motion for preliminary injunction.
    • The plaintiff filed a motion for leave to file a surreply in response to defendants’ reply in support of their motion to dismiss, and defendants filed a response in opposition to the plaintiff’s motion for leave to file a surreply.
    • The plaintiff filed a response to defendants’ motion to dismiss.

[View source.]

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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