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: April 7 – April 13, 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 two cases brought by drug manufacturers challenging a New Mexico state law governing contract pharmacy arrangements, the plaintiffs filed notices of supplemental authority.
  • In a case brought by a drug manufacturer challenging a Tennessee state law governing contract pharmacy arrangements, the court stayed the case pending resolution of two similar cases at the Sixth Circuit.
  • In two cases challenging a Mississippi state law governing contract pharmacy arrangements, the United States Court of Appeals for the Fifth Circuit affirmed the lower court’s denial of each plaintiff’s preliminary injunction.
  • A drug manufacturer filed a complaint against the government, arguing that the government’s (1) refusal to enforce findings from its proposed audits of covered entities and (2) determination regarding what constitutes a “patient” is unlawful.
  • A trade association of drug manufacturers filed a complaint to challenge a Washington state law governing contract pharmacy arrangements.
  • In a case brought by a drug manufacturer against the government, an intervenor filed an unopposed motion to intervene, and the government granted the motion.
  • In a case brought by a covered entity against the government, the covered entity filed an objection to non-parties’ notice of related cases and a supplemental brief.
  • In a case brought by a trade association of drug manufacturers challenging a Rhode Island state law governing contract pharmacy arrangements, the plaintiff appellant filed its reply brief in the First Circuit.
  • In a case brought by a trade association of drug manufacturers challenging a Maine state law governing contract pharmacy arrangements, AHA, 340B Health, the Main Hospital Association, and ASHP filed an amicus brief in the First Circuit in support of defendant appellee.
  • In one case by a healthcare center alleging that the defendants conspired to restrict access to 340B drug discounts, defendants filed a memorandum in support of their 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.


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/


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/


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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