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 23 – 29, 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; HRSA Audit Process; Other

  • In two cases challenging a state law governing contract pharmacy arrangements in Nebraska, the defendant filed a supplemental reply to plaintiff’s response in opposition to defendant’s motion to dismiss.
  • In a case challenging a state law governing contract pharmacy arrangements in Missouri, amici filed a supplemental brief in support of defendants’ motion to dismiss, defendants filed a reply memorandum in support of defendants’ motion to dismiss, and proposed intervenors filed reply suggestions in support of proposed intervenors’ motion to intervene.
  • In three cases challenging a state law governing contract pharmacy arrangements in Maine, one plaintiff filed a motion for preliminary injunction and in two cases, the court denied each plaintiff’s motion for preliminary injunction and each plaintiff appealed the decision.
  • In one case challenging a state law governing contract pharmacy arrangements in Colorado, the defendant filed a motion to dismiss.
  • In one case challenging a state law governing contract pharmacy arrangements in Rhode Island, 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 Oklahoma, the plaintiff filed an opposition to defendant’s motion for judgment on the pleadings.
  • In two cases challenging a state law governing contract pharmacy arrangements in Utah, the defendants filed notices of supplemental authority.
  • In one case challenging a state law governing contract pharmacy arrangements in Utah, the plaintiff filed a response to the defendants’ notice of supplemental authority.
  • In four cases challenging the HRSA audit process, the parties voluntarily dismissed the case.
  • In one case by a covered entity against an insurance company alleging breach of contract, the insurance company filed a reply brief in further support of their motion to dismiss.
  • In one case by a covered entity against an insurance company alleging breach of contract, the insurance company filed an answer to the covered entity’s complaint.
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.


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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