This Week in 340B: July 23 – 29, 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; Other

  • A drug manufacturer filed suit against the Kansas attorney general to challenge a state law governing contract pharmacy arrangements.
  • In an appealed qui tam action arguing that private parties can bring suits to enforce the 340B Statute, the appellant-relator filed its opening brief, and four amicis filed briefs in support of the appellant-relator.
  • In four cases challenging separate state laws governing contract pharmacy arrangements:
    1. The defendants filed a reply brief in support of their motion to dismiss plaintiff’s complaint, and the plaintiff filed a response to defendants’ motion to consolidate this case with three other similarly situated cases;
    2. The defendants filed a memorandum in support of their motion to dismiss plaintiff’s complaint;
    3. The parties filed a joint motion to stay proceedings; and
    4. The defendant filed a motion to stay proceedings.

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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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