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: 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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This Week in 340B: March 19 – 25, 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; Drug Manufacturer; Other

  • In two related cases regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed responses to defendant state attorney general’s notices of supplemental authority.
  • All plaintiffs in one Medicare payment cut case voluntarily dismissed the case.
  • In a case challenging the New York Department of Health’s 340B Carveout plan, the Defendants filed a memorandum of law in further support of their cross-motion to dismiss the complaint.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Stay Discovery.
  • A drug manufacturer filed suit against a state agency alleging, among other things, that a certain state law requiring manufacturers to make 340B drugs available to any and all pharmacies entering into a contractual relationship with a covered entity is preempted by federal law.



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This Week in 340B: March 13 – 18, 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 regarding a state law governing contract pharmacy arrangements, the Court granted intervenor-defendant’s opposed motion for leave to file its cross-motion for summary judgment, and intervenor-defendant filed a memorandum of law in support of its cross-motion.
  • In two related cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a notice of supplemental authority for each case.
  • In a qui tam False Claims Act case, the Court granted the Defendants’ motion to dismiss the complaint.



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This Week in 340B: March 5 – 12, 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 Cuts; Other

  • In six cases related to Medicare payment cuts, the Court ordered the cases stayed for an additional 30 days.
  • In a case regarding a state law governing contract pharmacy arrangements, the court granted intervenor-defendant’s motion to intervene.
  • In the same case regarding a state law governing contract pharmacy arrangements, the intervenor-defendant state primary care association filed a proposed answer in intervention to plaintiff pharmaceutical companies’ first amended complaint.
  • 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 its cross-motion for summary judgment and a memorandum in opposition to the covered entity plaintiffs’ motion for summary judgment.
  • On March 12, 2024, the Eighth Circuit Court of Appeals issued its opinion in a case challenging a state law requiring drug manufacturers to sell 340B drugs for dispensing through contract pharmacy agreements, affirming the decision of the district [...]

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This Week in 340B: February 27 – March 4, 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 Cuts; Other

  • In a case regarding a state law governing contract pharmacy arrangements, four proposed amici moved for leave to file amicus briefs in support of defendant state attorney general’s cross-motions for summary judgment.
  • In a qui tam False Claims Act action, the Court issued an order scheduling the trial and referring the case to private mediation.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Dismiss.



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This Week in 340B: February 21 – 26, 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 Cuts; ADR Rule; Other

  • In six cases related to the Medicare payment cuts, the court ordered the cases stayed until March 3, 2024.
  • In a case regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed an unopposed motion for leave to file a reply in support of its motion to intervene, an opposed motion for leave to file cross-motion for summary judgment and opposition to plaintiff’s motion for summary judgment. The state attorney general filed a cross motion for summary judgment and corresponding memorandum of law.
  • In a separate case regarding a state law governing contract pharmacy arrangements, state attorney general filed a memorandum of law in opposition to defendant pharmaceutical company’s motion to dismiss the second complaint.
  • In a case challenging the New York Department of Health’s 340B Carveout plan, the attorneys for both sides filed a stipulation of discontinuance as to one of the plaintiffs.
  • In a qui tam False Claims [...]

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