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: June 3 – 9, 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; Contract Pharmacy; HRSA Audit Process; Other

  • In one case against the government related to rebate models, the intervenor defendants filed their reply.
  • In one case against the government related to rebate models, the plaintiff filed an emergency motion to consolidate and expedite.
  • In one contract pharmacy case, amici filed an amicus curiae brief in support of defendants’ motion to dismiss.
  • In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the drug manufacturer filed a motion for leave to file an amicus brief.
  • In four cases challenging state laws in Tennessee and Utah governing contract pharmacy arrangements:
    • Tennessee: A group of amici filed an amicus curiae brief in support of the defendant’s opposition to plaintiff’s motion for preliminary injunction.
    • Utah: The plaintiff in one case filed a motion for preliminary injunction and in two other cases, two separate groups of amici filed amicus curiae briefs.
  • A 340B covered entity filed two separate complaints against two different insurance companies alleging breach of contract.
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.


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.


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.


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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