This Week in 340B: June 3 – 9, 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: Rebate Model; Contract Pharmacy; HRSA Audit Process; Other

  • In one case against the government related to rebate models, the intervenor defendants filed their reply.
  • In one case against the government related to rebate models, the plaintiff filed an emergency motion to consolidate and expedite.
  • In one contract pharmacy case, amici filed an amicus curiae brief in support of defendants’ motion to dismiss.
  • In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the drug manufacturer filed a motion for leave to file an amicus brief.
  • In four cases challenging state laws in Tennessee and Utah governing contract pharmacy arrangements:
    • Tennessee: A group of amici filed an amicus curiae brief in support of the defendant’s opposition to plaintiff’s motion for preliminary injunction.
    • Utah: The plaintiff in one case filed a motion for preliminary injunction and in two other cases, two separate groups of amici filed amicus curiae briefs.
  • A 340B covered entity filed two separate complaints against two different insurance companies alleging breach of contract.

[View source.]

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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