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 27 – November 2, 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; Rebate Model; Other

  • In a case challenging the 340B Rebate Model Pilot Program, two separate amicus curiae briefs were filed.
  • In a case brought by a drug manufacturer against the government, a non-party filed a response to the defendants’ opposition to motion to intervene.
  • In a consolidated case brought by a drug manufacturer and trade association for drug manufacturers challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed a reply memorandum in support of their counter motion for summary judgment.
  • In a case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the drug manufacturer appealed the court’s judgment to the Eighth Circuit.
  • In a qui tam action arguing that private parties can bring suits to enforce the 340B Statute, the plaintiff dismissed a defendant from the complaint.
  • In a case challenging HRSA’s denial of a hospital’s request for retroactive 340B Disproportionate Share Hospital status, the court denied the plaintiff’s motion for a preliminary injunction and the federal government’s motion to dismiss.
  • In a case by a covered entity against a drug manufacturer challenging the manufacturer’s policy of requiring the submission of detailed claims-level data as a condition of continuing to purchase covered outpatient drugs at the 340B ceiling price, an amicus curiae brief was filed in opposition to the covered entity’s motion for preliminary injunction.
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.


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.


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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