This Week in 340B: March 25 – 31, 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; Other

  • In four cases against the Health Resources and Services Administration (HRSA) alleging that HRSA unlawfully refused to approve drug manufacturers’ proposed rebate models, 37 state and regional hospital associates filed an amici brief in support of HRSA.
  • In a breach of contract case filed by a covered entity against a Medicare Advantage plan, the covered entity dismissed the case in its entirety with prejudice.
  • In an appealed case challenging a proposed West Virginia law governing contract pharmacy arrangements, plaintiff-appellees filed a brief, and in another similarly appealed case, appellants filed a reply brief.
  • In a case challenging a proposed state law governing contract pharmacy arrangements in Missouri, plaintiffs filed a notice of appeal with the Eighth Circuit.

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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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