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: March 19 – 25, 2024

Posted In 340B

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Drug Manufacturer; Other

  • In two related cases regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed responses to defendant state attorney general’s notices of supplemental authority.
  • All plaintiffs in one Medicare payment cut case voluntarily dismissed the case.
  • In a case challenging the New York Department of Health’s 340B Carveout plan, the Defendants filed a memorandum of law in further support of their cross-motion to dismiss the complaint.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Stay Discovery.
  • A drug manufacturer filed suit against a state agency alleging, among other things, that a certain state law requiring manufacturers to make 340B drugs available to any and all pharmacies entering into a contractual relationship with a covered entity is preempted by federal law.
McDermott Will & Emery






Emily Jane Cook
Emily Cook is a practice area leader for McDermott's Healthcare Regulatory & Compliance practice. She is a national authority on the 340B drug pricing program, and also helps clients navigate the full suite of federal and state regulations that are essential to healthcare operations. Learn more about Emily's practice here.


Patrick Moore
Patrick Moore is an associate in McDermott's Healthcare Practice Group. While earning his law degree, Patrick served as a legal intern for a global life sciences research organization and as managing editor of the Journal of International Law and Foreign Affairs at UCLA School of Law. Learn more about Patrick's practice: https://www.mwe.com/people/moore-patrick-c/


Bryan Frederick
Bryan Frederick is an associate in McDermott's Healthcare Practice Group. While earning graduate degrees in law and public health, Bryan served as a legal intern at the Los Angeles LGBT Center Immigration Law Project and senior editor of the Michigan Law Review at University of Michigan Law School. Learn more about Bryan's practice: https://www.mwe.com/people/frederick-bryan-t/


Kelsey Reinhardt
Kelsey R. Reinhardt focuses her practice on regulatory and transactional matters affecting a wide range of clients across the healthcare industry. Learn more about Kelsey's practice: https://www.mwe.com/people/kelsey-r-reinhardt/

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