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 6 – 12, 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: 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 supplemental brief in support of their motion to dismiss. In the same case, the plaintiffs filed a supplemental brief in opposition of the defendant’s motion to dismiss.
  • In a case by a covered entity against HRSA, HRSA filed a response to the covered entity’s supplemental brief in support of its motion for preliminary injunction, a group of drug manufacturers filed a motion for leave to file an amicus brief in support of HRSA, and the covered entity filed a supplemental brief requested by the court.
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.


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.


Margaret Houtz
Margaret (Maggie) Houtz is a member of the Healthcare Practice Group, where she works on a range of transactional and regulatory matters affecting the healthcare industry.Learn more about Maggie'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.

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