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: August 25 – 31, 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 three separate cases brought by 340B covered entities against a group of pharmacy benefit managers and their vertically-integrated pharmacies alleging a breach of contract and violation of state laws, the covered entity plaintiffs filed an opposition to defendant’s motion to dismiss in each case.
  • In an appealed case brought by a drug manufacturer challenging a Missouri state law governing contract pharmacy arrangements, defendant-appellees and intervenors-appellees filed responses in opposition to en banc review.
  • In a case challenging defendants’ alleged diversion of 340B savings, plaintiffs filed a brief in opposition to defendants’ motion to dismiss.
  • In three cases brought by a drug manufacturer challenging an Illinois state law governing contract pharmacy arrangements, the court granted a motion to reassign cases as related for all further proceedings.
  • In a case brought by a trade association for drug manufacturers challenging an Illinois state law governing contract pharmacy arrangements, the court granted a motion to reassign cases as related for all further proceedings and the plaintiff filed a motion for preliminary injunction.
  • In a case brought by a drug manufacturer challenging a Colorado state law governing contract pharmacy arrangements, the court granted the defendants’ motion to dismiss with prejudice and closed the case.
  • In a case brought by a drug manufacturer challenging a New Mexico state law governing contract pharmacy arrangements, the defendant’s filed a response to the plaintiff’s notice of supplemental authority.
  • In a case brought by a drug manufacturer challenging a Utah state law governing contract pharmacy arrangements, the defendant filed a response to the plaintiff’s notice of supplemental authority.
  • In three cases brought by drug manufacturers challenging a Utah state law governing contract pharmacy arrangements, the defendant filed a notice of supplemental authority.
  • In two cases brought by drug manufacturers challenging an Oregon state law governing contract pharmacy arrangement, Oregon Primary Care Association filed a reply in support of its cross-motion for summary judgement.
  • In two cases brought by drug manufacturers challenging an Oregon state law governing contract pharmacy arrangement, defendants filed a reply in support of their motion for summary judgement.
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 here.


Sydney Merritt Martinez
Sydney Merritt Martinez focuses her practice on health law matters. Learn more about Sydney'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.


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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