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
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This Week in 340B: June 4 – 10, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy

  • In five separate stayed cases challenging the Health Resources and Services Administration (HRSA’s) position on 340B contract pharmacy arrangements, the court maintained the stay following the appellate decision in two related cases and ordered a future joint status report.
  • In three related cases regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed responses to plaintiff pharmaceutical companies’ notices of supplemental authority. In one of the three cases, defendant state attorney general also filed a response to plaintiffs’ notices of supplemental authority.



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This Week in 340B: May 28 – June 3, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment

  • In three related cases regarding a state law governing contract pharmacy arrangements, pharmaceutical companies filed notices of supplemental authority. In two of the three cases, the state attorney general filed responses.
  • In two new cases challenging proposed state laws governing contract pharmacy arrangements, a pharmaceutical company filed complaints in federal court. In one of these cases, the pharmaceutical company additionally filed a motion for preliminary injunction, and a memorandum in support of its motion for preliminary injunction.
  • In a consolidated case addressing the Medicare 340B payment cuts, the government filed its opposition to the hospitals’ motion for summary judgement and a cross-motion to dismiss.
  • A trade associating representing drug manufacturers filed claims against two separate states in two different federal courts challenging state laws addressing 340B contract pharmacy arrangements.
  • A drug manufacturer filed a complaint against the federal government for failing to respond to a FOIA request involving contracts between 340B covered entities and contract [...]

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This Week in 340B: May 21 – 27, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment

  • In a case challenging Arkansas’ Act 1103, the court approved the parties’ jointly stipulated protective order.
  • In three separate cases regarding a state law governing contract pharmacy arrangements, the court granted the plaintiffs’ request for oral argument on the motions and cross-motions for summary judgment in all related pending cases.
  • In three separate cases challenging HRSA’s position on contract pharmacy arrangements, the court ordered the parties to file a joint status report proposing a schedule for further proceedings in light of the DC Circuit’s decision in Novartis Pharmaceuticals Corp. v. Johnson.
  • In a separate case challenging HRSA’s position on contract pharmacy arrangements, the manufacturer submitted the DC Circuit’s decision in Novartis Pharmaceuticals Corp. v. Johnson as supplemental authority.
  • In two consolidated contract pharmacy cases, the DC Circuit Court of Appeals issued its opinion.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered [...]

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This Week in 340B: May 14 – 20, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy

  • In three separate cases regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies and plaintiff associations representing drug manufacturers filed joint requests for oral arguments on the motions and cross-motions for summary judgment in all related pending cases.
  • In another case regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed a response to plaintiff’s notice of supplemental authority.
  • In a case challenging the 340B Administrative Dispute Resolution (ADR) Rule, the parties filed a joint status report.
  • In a case challenging Arkansas’ Act 1103, the parties filed a joint motion for entry of a stipulated protective order and an electronic discovery order.



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This Week in 340B: May 7 – 13, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Other

  • In two related cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed addendums to defendant’s notices of supplemental authority.
  • In a third related case regarding a state law governing contract pharmacy arrangements, both defendant state attorney general and plaintiff pharmaceutical companies filed notices of supplemental authority.
  • In a case challenging the New York Department of Health’s 340B Carveout Plan, the court scheduled oral argument.
  • In a case challenging Arkansas’ Act 1103, the parties jointly filed for an agreed scheduling order, which the court granted.



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This Week in 340B: April 30 – May 6, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Medicare Payment; Contract Pharmacy; Other

  • In the consolidated Medicare payment cut case, the plaintiffs filed a motion for summary judgement.
  • In an appeal before the Ninth Circuit Court of Appeals concerning a qui tam False Claims Act action, the case was released from the mediation program.
  • In an appeal before the Eighth Circuit Court of Appeals challenging Arkansas’ Act 1103, the court denied the plaintiff-appellant’s petition for panel rehearing and rehearing en banc.



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This Week in 340B: April 23 – 29, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Other

  • In a case challenging the New York Department of Health’s 340B Carveout plan, the court scheduled oral argument for July 11, 2024.
  • In a case regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a brief in reply to plaintiff’s opposition to summary judgment.
  • In the same case regarding a state law governing contract pharmacy arrangements, intervenor-defendants filed a reply in support of its motion for summary judgment.



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This Week in 340B: April 16 – 22, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Medicare Payment; Contract Pharmacy; Other

  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the court ruled on a number of pending motions.
  • In a case against HRSA filed by a group of 340B Covered Entities seeking relief from HRSA’s recent change in its policy on child sites, HRSA filed a reply memorandum in support of its cross-motion for summary judgement.
  • In an appeal before the Eighth Circuit Court of Appeals challenging Arkansas’ Act 1103 that was decided in the state’s favor, two parties filed briefs as amicus curiae in support of the appellant’s motion for rehearing en banc.
  • In an appeal before the Ninth Circuit Court of Appeals concerning a qui tam False Claims Act action:
    1. The court scheduled the assessment conference with the circuit mediator.
    2. The court granted the appellant-relator’s motion for an extension of time to file the opening brief.



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This Week in 340B: April 9 – 15, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Medicare Payment; Contract Pharmacy; Other

  • In eight Medicare payment cut cases, the court approved the parties’ motion to consolidate the cases and the parties’ proposed briefing schedule.
  • In a case challenging Arkansas’ Act 1103, the court filed the initial scheduling order for the case.
  • In an appeal before the Eighth Circuit Court of Appeals challenging Arkansas’ Act 1103 that was decided in the state’s favor, the plaintiff-appellant filed a petition for rehearing or rehearing en banc.
  • In an appeal before the Ninth Circuit Court of Appeals concerning a qui tam False Claims Act action, the appellant-relator filed a motion to extend the time to submit its opening brief.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plans filed a reply in support of their motion to dismiss and a reply in support of their motion to stay discovery. Additionally, the court in this case ordered [...]

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This Week in 340B: April 2 – 8, 2024

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, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Other

  • In a case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed a combined opposition to defendant’s motions for summary judgment and reply in support Plaintiff’s motion for summary judgment.
  • In eight Medicare payment cut cases, the parties filed joint status reports requesting additional briefing on the sufficiency of payment and the consolidation of similarly situated cases. The court in each case granted the requests.
  • In a qui tam False Claims Act action, the plaintiff-relator filed a notice of appeal to the Court of Appeals for the Ninth Circuit.
  • In a case challenging Arkansas’ Act 1103, the court granted the defendant’s motion to transfer the case to a different judge.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered Entity filed its opposition to the Medicare Advantage plan defendants’ motion to stay discovery.



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