This Week in 340B: June 10 – 16, 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: Contract Pharmacy; Rebate Model; HRSA Audit Process; Anti-Trust

  • A drug manufacturer filed a complaint challenging a Colorado state law governing contract pharmacy arrangements.
  • In two cases against the government related to rebate models, the plaintiffs filed a notice of appeal and in one of those cases intervenors filed a notice of cross appeal.
  • In two cases against the government related to rebate models, the court granted the plaintiffs’ motion to consolidate.
  • In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the covered entity filed a memorandum in opposition to the government’s motion to dismiss.
  • In a case challenging a South Dakota state bill, defendants filed a reply brief in support of their motion to dismiss.
  • In an antitrust class action case, the plaintiff filed a memorandum in opposition to the defendant’s motion to dismiss the plaintiff’s amended complaint.

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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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