This Week in 340B: November 19 – December 2, 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: HRSA Audit Process; Contract Pharmacy; Other

  • In four Health Resources and Services Administration (HRSA) audit process cases, the plaintiffs filed motions for a temporary restraining order.
  • In four HRSA audit process cases, the courts approved a joint motion to withdraw the plaintiff’s previously-flied motion for a temporary restraining order.
  • In a Freedom of Information Act (FOIA) case, the drug manufacturer plaintiff filed a reply in support of its motion for summary judgment and opposition to defendants’ motion for partial summary judgment.
  • A drug manufacturer filed suit against HRSA to challenge HRSA’s disapproval of its proposed rebate model.
  • In eight cases challenging proposed state laws governing contract pharmacy arrangements in West Virginia and Missouri:
    • WV: The court in four separate cases granted the parties’ joint motions and stipulations to delay proceedings for fourteen days to allow related courts to decide pending preliminary injunction motions in similar cases.
    • MO: In two cases, the plaintiff filed suggestion in opposition to intervenor’s motion to dismiss. In the same case, intervenors filed suggestions in opposition to plaintiff’s motion for preliminary injunction. In a second case, an amicus brief was filed. In the same case, plaintiffs filed an amended compliant and the court granted proposed intervenor’s motion to intervene. In a third case, proposed intervenors filed a notice of supplemental authority.

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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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