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: September 16 – 22, 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; Other; HRSA Audit Process

  • In two cases challenging a state law governing contract pharmacy arrangements in Missouri, the parties filed an unopposed motion to stay proceedings, which the court granted, and plaintiffs filed memoranda in opposition to proposed intervenors’ motion to intervene and in opposition to defendants’ motion to dismiss.
  • In one case challenging a state law governing contract pharmacy arrangements in Nebraska, the plaintiff filed a brief in opposition to defendant’s motion to dismiss.
  • In three cases challenging a Utah state law, the defendants filed a notice of supplemental authority in support of their motion to dismiss, and the plaintiffs filed response to the notices of supplemental authority.
  • In four cases challenging HRSA’s audit process, the appellate court denied the plaintiff-appellants’ emergency motions for stay or injunction pending appeal.
  • In a case challenging a state law in Tennessee, the plaintiff filed a reply in support of its first amended complaint.
  • In a case by a drug manufacturer against the government, the government filed an answer to the drug manufacturer’s complaint.
  • A trade association of drug manufacturers filed a complaint in Maine to challenge a state law governing contract pharmacy arrangements.
  • In one case challenging a state law governing contract pharmacy arrangements in Maine, the plaintiff filed a reply in support of its motion for preliminary injunction.
  • In one case challenging a state law governing contract pharmacy arrangements in Colorado, defendant filed its response in opposition to plaintiff’s motion for preliminary injunction.
  • In two cases challenging a state law governing contract pharmacy arrangements in Hawaii, defendant filed its motion to dismiss and, in another case, a group of amici filed an amici curiae brief in support of defendant’s motion to dismiss and in opposition to plaintiff’s motion for preliminary injunction.
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.


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.


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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