This Week in 340B: August 27 – September 2, 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 a proposed state law governing contract pharmacy arrangements in Arkansas, Missouri, Maryland, and West Virginia:
    • AR: The plaintiff filed an opposition to the intervenor’s motion to dismiss.
    • MO: The plaintiff filed a response in opposition to defendant’s motion to dismiss and a response in opposition to defendant’s motion to transfer venue. In the same case, a group of three amici filed an amicus brief in support of the defendant’s motion to dismiss and opposition to plaintiff’s motion for a preliminary injunction.
    • MD: The defendants filed a reply in support of their motion to dismiss the plaintiff’s complaint.
    • WV: In two cases, defendants filed answers to plaintiff’s complaints, and plaintiffs filed replies in support of their motions for preliminary injunctions. In a third case, defendants filed an answer to plaintiff’s complaint. In a fourth case, plaintiff filed a combined memorandum in support of its motion for a preliminary injunction and in opposition to defendant’s motion to dismiss.

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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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