HEALTH & LIFE SCIENCES NEWS
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries

This Week in 340B: May 27 – June 2, 2025

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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: Other; Contract Pharmacy; HRSA Audit Process; GPO Prohibition

  • In a case against the Health Resources and Services Administration’s (HRSA) challenging its certification of a group of entities as 340B-eligible, the government filed a reply in support of its partial motion to dismiss. 
  • In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the government filed a motion to dismiss.
  • In a case by a covered entity against the government, the court granted the covered entity motion for leave to file a response to the intervenors’ amicus brief.
  • A drug manufacturer filed a complaint challenging a Hawaii state law governing contract pharmacy arrangements.
  • In a case challenging HRSA’s policy limiting the circumstances in which covered entities can use their group purchasing arrangements to purchase non-340B drugs, the plaintiff filed a combined reply in support of its motion for summary judgment and opposition to defendant’s cross motion for summary judgment.
  • In three cases challenging state laws in Tennessee, [...]

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This Week in 340B: May 20 – 26, 2025

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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: Contract Pharmacy; Other; Rebate Model

  • In four cases challenging Utah state law governing contract pharmacy arrangements, amici filed a motion for leave to file an amicus brief. 
  • In one case challenging Nebraska state law governing contract pharmacy arrangements, the plaintiffs filed an opposition to an amicus curiae brief and an opposition to defendants’ motion to dismiss.
  • A trade association of drug manufacturers filed a complaint challenging a Tennessee state law governing contract pharmacy arrangements.
  • A drug manufacturer filed a complaint challenging a Utah state law governing contract pharmacy arrangements.
  • In an appealed case challenging a Louisiana law governing contract pharmacy arrangements, the court denied the intervenor-defendant’s motion for leave to file a sur-reply to appellant’s reply brief. 
  • In a case by a covered entity against the government, the covered entity filed a motion for leave to file a response to the intervenors’ amicus brief.
  • In two cases against the government related to rebate models, the plaintiff filed an appeal [...]

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This Week in 340B: May 13 – 19, 2025

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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: Rebate Model, Other, Contract Pharmacy

  • In consolidated cases against the government related to rebate models, the court issued multiple rulings denying and granting, in whole or in part, the cross motions for summary judgment filed by all parties.
  • In one case against the government related to rebate models, the court granted the intervenors’ motion to intervene.
  • In one case against the government related to rebate models, the court found that plaintiff has standing to challenge the government.
  • In a case by a covered entity against the government, the covered entity filed an opposition to proposed intervenors’ motion for leave to submit an amicus brief.
  • In a case by a drug manufacturer against the government, the drug manufacturer filed an opposition to the government’s partial motion to dismiss.
  • In two cases challenging a Utah state law governing contract pharmacy arrangements, the defendants filed a memorandum in opposition to the plaintiff’s motion for preliminary injunction. In the same case, the defendants filed a motion to [...]

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This Week in 340B: May 6 – 12, 2025

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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: Contract Pharmacy; GPO Prohibition; Anti-Trust; Other

  • A group of commonly-owned drug manufacturers filed a complaint against the Tennessee attorney general to challenge a state law governing contract pharmacy arrangements.
  • In a case challenging a Nebraska state law governing contract pharmacy arrangements, a group of amici filed an amici curiae brief in support of the defendant’s motion to dismiss.
  • In a case challenging the Health Resources and Services Administration’s (HRSA) policy limiting the circumstances in which covered entities can use their group purchasing arrangements to purchase non-340B drugs, the defendant filed a cross motion for summary judgment and opposition to plaintiff’s motion for summary judgment.
  • In an appealed case challenging a Louisiana law governing contract pharmacy arrangements, the intervenor-defendant filed a motion for leave to file a sur-reply to appellant’s reply brief.
  • In an anti-trust class action case, the defendant filed a motion to dismiss plaintiff’s amended complaint.
  • In a case challenging a Missouri state law governing contract pharmacy arrangements, the defendants filed a [...]

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This Week in 340B: April 29 – May 5, 2025

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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: Contract Pharmacy; Rebate Model; Other

  • In an appealed case challenging a Louisiana law governing contract pharmacy arrangements, the appellant filed its reply brief. 
  • In one case against the Health Resources and Services Administration (HRSA) related to rebate models, the government filed its reply.
  • In a case by a 340B covered entity against HRSA, the covered entity filed a supplemental brief in support of its motion for preliminary injunction.
  • In four cases challenging proposed state laws governing contract pharmacy arrangements in Utah, Nebraska, North Dakota, and South Dakota: 
    • In Utah, the plaintiff filed an amended motion for preliminary injunctive relief.
    • In Nebraska and South Dakota, the defendant filed a motion to dismiss.
    • In North Dakota, the defendant filed an answer to plaintiffs’ complaint.



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