This Week in 340B: June 11 – 17, 2024

McDermott Will & Emery
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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

  • In a breach of contract claim related to payments for 340B drugs filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plans filed a motion to dismiss.
  • In a contract pharmacy case, the 340B Covered Entity plaintiff-appellant filed its opening appeal brief.
  • A drug manufacturer filed a complaint against a state attorney general to challenge a state law governing contract pharmacy arrangements.
  • In two related cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed motions to consolidate the two cases.
  • In another case regarding a state law governing contract pharmacy arrangements, the parties filed a joint motion for a modified briefing schedule.

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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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