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: October 28 – November 3, 2025

Posted In 340B

Find this 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 one case by a trade association of drug manufacturers challenging a Maine state law governing contract pharmacy arrangements, the plaintiff filed a reply in support of its motion for preliminary injunction.
  • In one case by a trade association of drug manufacturers challenging a Rhode Island state law governing contract pharmacy arrangements, the defendant filed a memorandum in objection to plaintiff’s motion for preliminary injunction.
  • In one case brought by a drug manufacturer challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed a reply memorandum in support of the defendants’ motion to dismiss.
  • In one case brought by a drug manufacturer challenging a Colorado state law governing contract pharmacy arrangements, the court denied the plaintiffs’ motion for a preliminary injunction.
  • In one case brought by a trade association for drug manufacturers challenging a Colorado state law governing contract pharmacy arrangements, the defendants filed a reply to response to the defendants’ motion to dismiss.
  • In one case brought by a drug manufacturer challenging a Colorado state law governing contract pharmacy arrangements, the defendants filed a response to motion for preliminary injunction and amicus parties filed an amici curiae brief in support of defendants’ response in opposition to plaintiff’s motion for preliminary injunction.
  • In one case brought by a drug manufacturer challenging an Oklahoma state law governing contract pharmacy arrangements, the court granted in part and denied in part the plaintiff’s motion for preliminary injunction and enjoined the Attorney General from enforcing 36 O.S. §§ 5403, 5404(B) against plaintiffs while these cases are pending.
  • In one case brought by a drug manufacturer challenging an Oklahoma state law governing contract pharmacy arrangements, the court granted in part and denied in part the plaintiffs’ motion for a preliminary injunction, dismissing defendant’s motion for judgment on the pleadings, and enjoined the Attorney General from enforcing 36 O.S. §§ 5403, 5404(B) against plaintiffs while these cases are pending.
  • In one case brought by a drug manufacturer challenging an Oklahoma state law governing contract pharmacy arrangements, the defendant filed an answer to the complaint for declaratory and injunctive relief and the court granted in part and denied in part the plaintiff’s motion for preliminary injunction and enjoined the Attorney General from enforcing 36 O.S. §§ 5403, 5404(B) against plaintiffs while these cases are pending.
  • In three cases brought by drug manufacturers challenging a Utah state law governing contract pharmacy arrangements, the plaintiffs filed notices of supplemental authority, and in one of those cases the government filed a response to the notice of supplemental authority.
  • In one case by a covered entity against an insurance company alleging breach of contract, the insurance company filed an answer to the covered entity’s complaint.
  • In one case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the intervenor-defendant filed a sealed reply in support of summary judgment and reply in support of statement of undisputed facts
  • A drug manufacturer filed suit in Oregon and Vermont to challenge state laws governing contract pharmacy arrangements.
  • A trade association for drug manufacturers field suit in Oklahoma to challenge a state law governing contract pharmacy arrangements.
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/


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.


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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