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: March 17 – March 23, 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; Child Sites; Other

  • In a case against HRSA challenging its certification of a group of entities as 340B-eligible, the plaintiffs filed a motion for summary judgment.
  • In a case brought by a drug manufacturer challenging a New Mexico state law governing contract pharmacy arrangements, the government filed an answer to the plaintiff’s complaint.
  • In a case brought by a drug manufacturer challenging a New Mexico state law governing contract pharmacy arrangements, the plaintiffs filed a notice of supplemental authority.
  • In an appealed qui tam action alleging that various drug manufacturers failed to charge accurate ceiling prices to 340B Covered Entities, the appellate court issued an opinion reversing the district court’s dismissal for failure to state a claim and remanding the case for further proceedings.
  • In a case brought by a trade association for drug manufacturers challenging a Colorado state law governing contract pharmacy arrangements, the court issued an order denying the plaintiff’s motion for preliminary injunction and the plaintiff filed a notice of appeal as to the order.
  • In a case brought by a drug manufacturer against the government, the plaintiff filed a motion for summary judgement.
  • In a case against the government filed by a group of 340B covered entities seeking relief from the government’s change in its policy on child sites, the covered entity plaintiffs filed a motion for summary judgment.
  • In a case brought by a 340B covered entity to challenge the Exclusion Rule, the plaintiff filed its reply to its motion for summary judgment.
  • In a case brought by a trade association for drug manufacturers challenging a Rhode Island state law governing contract pharmacy arrangements, the defendant-appellee filed its brief.
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.


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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