This Week in 340B: July 2 – 8, 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; Medicare Payment

  • A drug manufacturer filed a challenge to a state law governing contract pharmacy arrangements.
  • In a case challenging a state law governing contract pharmacy arrangements, the state attorney general filed a motion to dismiss.
  • In a case challenging a state law governing contract pharmacy arrangements, four amici filed a brief in support of defendant’s opposition to plaintiff’s motion for preliminary injunction.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered Entity filed its opposition to the Medicare Advantage Plans’ motion to dismiss its first amended complaint.
  • In a case challenging a state law governing contract pharmacy arrangements, the court denied the plaintiff’s motion for a preliminary injunction and the plaintiff appealed.
  • In another case challenging a state law governing contract pharmacy arrangements, the plaintiff appealed the court’s prior denial of its motion for preliminary injunction.

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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.

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