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 1 – 7, 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 case brought by a drug manufacturer challenging a Missouri state law governing contract pharmacy arrangements, defendants and intervenors filed reply suggestions in support of their respective motions for summary judgment.
  • In five cases brought by drug manufacturers and a trade association for drug manufacturers challenging an Illinois state law governing contract pharmacy arrangements, the defendant filed a combined response in opposition to the plaintiffs’ motions for preliminary injunction.
  • In a combined case brought by a drug manufacturer and a trade association for drug manufacturers challenging a Hawaii state law governing contract pharmacy arrangements, a nonparty filed a response to a status report, and the plaintiff filed a reply to the nonparty’s response.
  • A 340B covered entity filed a complaint against the government, arguing that the Government violated the Administrative Procedures Act when it denied the entity’s application for reinstatement as a DSH because it did not submit an attestation with documentation that had been uploaded to OPAIS within the five day timeframe established by the Government, thereby depriving the entity of the ability to purchase Orphan Drugs at 340B pricing as a DSH entity for a period of time.
  • In a case brought by a drug manufacturer seeking judgment on its interpretation of the definition of “patient”, the defendant filed its reply in further support of its motion to dismiss and the proposed intervenor-defendants filed a joint motion for joinder in defendant’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.


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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