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 22 – 28, 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; Rebate Model; Other

  • In two cases brought by drug manufacturers challenging a Missouri state law governing contract pharmacy arrangements, the court granted intervenors’ motion to intervene and, in a second case, issued a formal mandate.
  • In a case brought by a drug manufacturer challenging a Colorado state law governing contract pharmacy arrangements, the plaintiff filed a notice of appeal.
  • In a consolidated case brought by a drug manufacturer and trade association for drug manufacturers challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed a memorandum in opposition to the plaintiff’s motion for summary judgment and counter motion for summary judgment.
  • In a case brought by a covered entity against the government, the plaintiff filed an opposition to the non-party’s motion to intervene.
  • In five cases brought by drug manufacturers and a trade association for drug manufacturers challenging an Illinois state law governing contract pharmacy arrangements, the plaintiffs filed a joint reply brief in support of motions for preliminary injunction.
  • In two appealed cases challenging the 340B Rebate Model Pilot Program, the First Circuit vacated the district court’s order denying intervention by a group of manufacturers and dismissed their appeal.
  • In a qui tam action arguing that private parties can bring suits to enforce the 340B Statute, a defendant was dismissed from the case without prejudice.
  • In a case by a covered entity against a drug manufacturer alleging that the covered entity is being wrongly denied access to 340B pricing, the drug manufacturer filed a motion to dismiss and an amicus brief was filed in support of the drug manufacturer’s 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.


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 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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