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 31 – April 6, 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

  • In three consolidated cases brought by a trade association for drug manufacturers challenging a Louisiana state law governing contract pharmacy arrangements, the United States filed an Amicus Curiae brief in support of plaintiff appellant.
  • In a case brought by a drug manufacturer challenging a Tennessee state law governing contract pharmacy arrangements, the plaintiff appealed the court’s order granting the defendant’s motion to dismiss, denying the plaintiff’s motion for preliminary Injunction as moot, and dismissing the case for failure to state a claim.
  • In two cases challenging an Oregon state law governing contract pharmacy arrangements, Intervenor Oregon Primary Care Association filed a cross-motion and response for summary judgment.
  • In two cases challenging a Rhode Island state law governing contract pharmacy arrangements, the American Hospital Association, 340B Health, Health Association of Rhode Island, and American Society of Health-System Pharmacists filed an amicus brief in the First Circuit in support of defendant appellee.
  • In a case brought by a drug manufacturer challenging a Rhode Island state law governing contract pharmacy arrangements, the plaintiff appellant filed its reply brief in the First Circuit.
  • In a case brought by a trade association for drug manufacturers challenging a Maine state law governing contract pharmacy arrangements, the defendant appellee filed its brief in the First Circuit.
  • In a case brought by a drug manufacturer challenging a West Virginia state law governing contract pharmacy arrangements in the Fourth Circuit, the court entered final judgment and affirmed the lower court’s decision in support of a preliminary injunction barring the state from enforcing S.B. 325.
  • In one case brought by a trade association for drug manufacturers challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed an answer to the plaintiff’s complaint for declaratory and preliminary and permanent injunctive relief.
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.


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.


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: https://www.mwe.com/people/sydney-merritt-martinez/


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.

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