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 13 – 19, 2025

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.

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 dismiss.
  • In an appealed case challenging a Louisiana law governing contract pharmacy arrangements, the plaintiff filed a motion in opposition to intervenor-defendant’s motion for leave to file a sur-reply to appellant’s reply brief.
  • In a case against the government challenging its certification of a group of entities as 340B-eligible, plaintiffs filed an opposition to the government’s partial motion to dismiss. (Other)
  • In a case challenging a South Dakota law governing contract pharmacy arrangements, a group of amici filed an amicus brief in support of defendants’ motion to dismiss. (contract pharmacy)
  • In a case brought by a 340B covered entity alleging breach of contract by an insurance company, the insurance company filed a notice of removal to remove the case from state court to federal court.
  • In a case challenging Missouri law governing contract pharmacy arrangements, plaintiff-appellant filed an opening brief.
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.


Reuben Bank
Reuben Bank provides regulatory and transactional counseling on all aspects of state and federal healthcare laws impacting hospitals and healthcare systems.Learn more about Reuben's practice here.


Matthew David
Matthew David focuses his practice on transactional and regulatory matters affecting a wide range of clients in the healthcare industry.Learn more about Matthew's practice here.


Jae Hyun Lee
Jae Hyun Lee is a member of the Healthcare Practice Group. He focuses his practice on healthcare mergers and acquisitions as well as regulatory and compliance matters. Read more about Jae's practice here.


Deepika Raj
Deepika Raj advises a broad range of healthcare industry clients on regulatory, compliance and transactional matters. She offers multifaceted advice on state and federal fraud and abuse statutes, licensure rules, cannabis laws and due diligence matters. Learn more about Deepika's practice here.


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 here.


Nadine Tejadilla
Nadine Tejadilla focuses her practice on transactional and regulatory matters in the health and life sciences industry. While in law school, Nadine served as a legal intern at a national nonprofit civil rights organization.Learn more about Nadine's practice here.

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