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 29 – October 5, 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 qui tam action arguing that private parties can bring suits to enforce the 340B Statute, a group of states as plaintiffs filed a notice of opposition to the dismissal of certain claims on the basis of the public disclosure bar.
  • In a case challenging HRSA’s denial of a hospital’s request for retroactive 340B Disproportionate Share Hospital status, the federal government filed a motion to dismiss.
  • In a case brought by a drug manufacturer challenging a Vermont state law governing contract pharmacy arrangements, the court denied the plaintiff’s motion for preliminary injunction and granted the state government’s partial motion to dismiss, and the state government filed a motion to amend the court’s order.
  • In a case brought by a trade association challenging a Mississippi state law governing contract pharmacy arrangements, the defendant filed a response.
  • In a case brought by a covered entity against the government, a non-party filed a reply in support of its motion to intervene.
  • In a case brought by a drug manufacturer seeking judgment on its interpretation of the definition of “patient”, the plaintiff filed a reply in opposition to the intervenors’ motion to dismiss.
  • In a case by a covered entity against a drug manufacturer alleging that the covered entity is being wrongly denied access to 340B pricing, two amicus curiae briefs were filed in support of the drug manufacturer’s motion to dismiss.
  • In a case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the court denied the drug manufacturer’s motion for summary judgment and granted the defendant’s cross motion for summary judgment.
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.


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.


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 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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