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: October 14 – 20, 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; Rebate Models; Other

  • In one case brought by a drug manufacturer challenging a North Dakota state law governing contract pharmacy arrangements, the plaintiff filed a motion for summary judgment.
  • In one case brought by a drug manufacturer challenging a Tennessee state law governing contract pharmacy arrangements, the defendant filed a response to the plaintiff’s notice of supplemental authority, and in another similar case, a group of amici filed an amicus brief in support of defendant’s motion to dismiss.
  • In [three] consolidated appealed cases related to rebate models, the plaintiff-appellants filed an unopposed motion to unseal a portion of the administrative record.
  • In one case brought by a trade association for drug manufacturers challenging a Colorado state law governing contract pharmacy arrangements, the plaintiff filed a brief in opposition to the defendants’ motion to dismiss.
  • In one case brought by a drug manufacturer challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed a memorandum in opposition to the plaintiff’s motion for preliminary injunction and the plaintiff filed a memorandum in opposition to the defendant’s motion to dismiss.
  • In one case brought by a covered entity against the government, the plaintiff filed a motion for summary judgement.
  • In one case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the defendant filed a memorandum in support of its cross-motion for summary judgment and a response to the drug manufacturer’s motion for summary judgment.
  • In one case by a trade association of drug manufacturers challenging a Maine state law governing contract pharmacy arrangements, the defendants filed an opposition to the plaintiff’s motion for preliminary injunction.
  • In one case by a trade association of drug manufacturers challenging a Rhode Island state law governing contract pharmacy arrangements, the plaintiff filed a response to the Court’s Order to Show Cause and the defendants filed a reply in opposition to the plaintiff’s response.
  • In one case by a health center alleging that the defendants conspired to restrict access to 340B drug discounts, a petition for rehearing was denied.
  • In a case challenging a South Dakota state bill, the defendant filed a reply brief in support of its motion to dismiss.
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.


Abygail Hoey
Abygail Hoey is a member of the Health & Life Sciences Practice Group, where she focuses her practice on healthcare transactions, as well as regulatory and compliance matters. Learn more about Abygail's practice: https://www.mwe.com/people/abygail-hoey/


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.


Sydney Merritt Martinez
Sydney Merritt Martinez focuses her practice on health law matters. Learn more about Sydney's practice: https://www.mwe.com/people/sydney-merritt-martinez/


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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