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: January 27 – February 2, 2026

Posted In 340B

Find the 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

  • In a case challenging a Vermont law:
    • The court granted a motion to file an amici curiae brief.
    • Plaintiffs filed a reply in support of their motion for a preliminary injunction and in opposition to the government’s partial motion to dismiss.
  • In a case against HRSA challenging its certification of a group of entities as 340B-eligible, the court granted a motion to intervene.
  • In a case challenging a Vermont law, the plaintiff filed a memorandum in opposition to the government’s motion to dismiss.
  • In two cases challenging a New Mexico law, the government filed responses to the plaintiffs’ complaint for declaratory and injunctive relief.
  • In one case challenging a New Mexico law, the American Hospital Association filed a motion for leave to file an amicus curiae brief.
  • In two cases challenging a North Dakota state law governing contract pharmacy arrangements, the court issued a consolidation order.
  • In two cases challenging an Oregon state law governing contract pharmacy arrangements, the American Hospital Association filed an amicus curiae brief.
  • In one case brought by a drug manufacturer challenging a Maine state law governing contract pharmacy arrangements, the defendant filed a reply brief in support of its motion to dismiss.
  • In a case brought by a drug manufacturer challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed a response to the plaintiff’s supplemental brief.
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.


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/


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.


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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