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; HRSA Audit Process
- In five cases challenging Tennessee, Hawaii and Utah state laws governing contract pharmacy arrangements:
- Tennessee: In one case, amici filed an amicus curiae brief in opposition to plaintiff’s motion for preliminary injunction and in a second case, the plaintiff filed a motion for preliminary injunctive relief and the defendant filed a motion to dismiss.
- Hawaii: In one case, the plaintiff filed a motion for preliminary injunction.
- Utah: In three cases, the plaintiffs filed oppositions to the defendants’ motion to dismiss and replies in support of plaintiffs’ motions for preliminary injunctive relief.
- In two appealed cases against the government related to rebate models, the court granted appellant’s motion to consolidate the cases with other similarly situated cases, and consolidated two additional cases as cross-appeals.
- In three appealed cases against the government related to rebate models, the appellants filed opening briefs.
- In two cases related to the HRSA audit process, the court granted defendants’ motion to dismiss.
- In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the covered entity filed a memorandum in opposition to the drug manufacturer’s motion for leave to file an amicus brief in support of the government’s motion to dismiss.
