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: 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 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; Medicare Payment; Other

  • In two separate cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a reply in support of defendant’s cross-motion for summary judgment.
  • In the same two separate cases regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed a reply in support of intervenor-defendant’s motion for summary judgment.
  • In a separate case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical company filed an opposition to intervenor-defendant state primary care association’s motion to intervene.
  • In a case challenging the New York Department of Health’s 340B Carveout plan, the Plaintiff’s submitted a memorandum in opposition to Defendants’ cross-motion to dismiss and in further support of their motion for a preliminary injunction.
  • A 340B Covered Entity filed a breach of contract claim against several related party Medicare Advantage plans, alleging that the company has failed to reimburse the covered entity after using rates based on the [...]

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This Week in 340B: January 31 – February 7, 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 qui tam False Claims Act action alleging that defendants failed to charge accurate ceiling prices to 340B Covered Entities, the plaintiff-relator submitted a memorandum in opposition to the defendants’ renewed request for judicial notice and an omnibus opposition to defendants’ motion to dismiss the first amended complaint.
  • In a case regarding a state law governing contract pharmacy arrangements, the oral argument for defendant’s motion to dismiss was set for March 5, 2024.
  • In a separate case regarding a state law governing contract pharmacy arrangements, the court denied plaintiff’s motion to file a second amended complaint, ordered the clerk to close the case, and issued a judgment in favor of Defendant pharmaceutical companies.



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This Week in 340B: January 17 – 23, 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: 340B Covered Entities; Contract Pharmacy

  • In a qui tam False Claims Act action alleging that defendants failed to charge accurate ceiling prices to 340B Covered Entities, the parties filed a joint stipulation, which the court approved.
  • In two separate cases regarding a state law governing contract pharmacy arrangements, two plaintiff pharmaceutical companies filed combined replies in support of their motions for summary judgment and in opposition to cross motions for summary judgment.
  • In a case regarding a state law governing contract pharmacy arrangements, a proposed intervenor filed an opposed motion to intervene, and the court set forth a notice of motion setting for both the parties and the proposed intervenor.



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This Week in 340B: January 9 – 16, 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 regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical company filed a motion for summary judgment.  
  • Two cases related to the Medicare payment cuts were stayed until February 19, 2024.



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This Week in 340B: December 21, 2023 – January 8, 2024

We’re back from the holidays with updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country as we move into 2024. 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, HRSA Audit Process

  • In a case regarding a state law governing contract pharmacy arrangements, defendant pharmaceutical companies filed a reply memorandum of law in support of defendant’s motion to dismiss plaintiff state attorney general’s second complaint.
  • In two separate cases regarding a state law governing contract pharmacy arrangements, four amici moved for leave to file amicus briefs in support of defendant state attorney general’s cross-motions for summary judgment. In both cases, the court granted the motions for leave, and the amici then filed their amicus briefs with the courts.
  • In another case regarding a state law governing contract pharmacy arrangements, the parties filed and the court granted a joint motion to stay pending the ruling in a related case
  • In response to the final rule published on November 2, 2023, detailing a remedy for underpayment in light of the Supreme Court’s decision in [...]

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This Week in 340B: December 6 – 20, 2023

This weekly series provides brief summaries 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.

Issues at Stake: Contract Pharmacy

  • In a case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical company and defendant state attorney general jointly filed a motion to set briefing schedule, whereby both parties agreed to proceed directly to cross-motions for summary judgment.
  • In a case regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed: (1) a cross motion for summary judgment, (2) a statement of material fact to accompany the cross-motion for summary judgment, (3) a combined memorandum in opposition to motion for summary judgment and in support of cross motion for summary judgment, (4) a response to plaintiff pharmaceutical company’s statement of material facts. In the same case, a state primary care association joined as an intervenor-defendant and filed the following: (1) a cross motion for summary judgment on all of plaintiff pharmaceutical company’s claims and in opposition to plaintiff pharmaceutical company’s motion and opposition, (2) a memorandum of law in support of intervenor-defendant’s cross motion for summary judgment on all claims and in opposition to plaintiff’s motion for summary judgment on preemption claims, (3) a statement of material facts in support of intervenor-defendant’s cross motion, and [...]

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This Week in 340B: November 28 – December 5, 2023

This weekly series provides brief summaries 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.

Issues at Stake: Contract Pharmacy

  • In a case regarding a state law governing contract pharmacy arrangements, plaintiff state attorney general filed a memorandum of law in opposition to defendant’s motion to dismiss plaintiff’s second complaint.
  • In a separate case regarding a state law governing contract pharmacy arrangements, defendant commissioner of state insurance department filed a reply to plaintiff’s response to motion to dismiss.

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.




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This Week in 340B: November 13 – 27, 2023

We’re back from the Thanksgiving holiday with two weeks of summaries 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.

Issues at Stake: ADR Rule; Contract Pharmacy; Medicare Payment; Other

  • In a federal antitrust action, the parties filed a joint stipulation of dismissal.
  • In an appeal concerning obligations of the 340B Prime Vendor, the 340B Prime Vendor submitted its Appellee Brief.
  • In a case challenging the 340B Administrative Dispute Resolution (ADR) Rule, the parties filed a Joint Status Report.
  • In response to the final rule published on November 2, 2023 detailing a remedy for underpayment in light of the Supreme Court’s decision in AHA v. Becerra, stay orders were issued in three of the pending Medicare payment cut cases for 100 days to allow for implementation of the final rule. The parties anticipate that the cases would be dismissed after the payments are made.
  • In a case regarding a state law governing contract pharmacy arrangements, the state government agency filed a response in opposition to the defendant’s motion to dismiss.
    In a separate case regarding a state law governing contract pharmacy arrangements, the state government agency filed its answer to the plaintiff’s first amended complaint.
  • In a separate case regarding a state law governing contract [...]

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This Week in 340B: November 6 – 12, 2023

This weekly series provides brief summaries 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.

Issues at Stake: Contract Pharmacy, Medicare Payment

  • In response to the final rule published on November 2, 2023 detailing a remedy for underpayment in light of the Supreme Court’s decision in AHA v. Becerra, the parties in 11 of the pending Medicare Payment Cut cases requested that the cases be further stayed by 100 days to allow for implementation of the final rule. The parties anticipate that the cases would be dismissed after the payments are made. Stay Orders were issued in six of the cases.
  • In a qui tam action against a group of drug manufacturers, the plaintiffs filed an amended complaint.
  • A case attempting to invalidate an Arkansas state law governing contract pharmacy arrangements was transferred to a judge who is presiding over a case with similar allegations.
  • In two separate cases attempting to invalidate the same Louisiana state law governing contract pharmacy arrangements, a non-profit comprised of community health centers filed a Motion to Intervene and an Answer in Intervention to the plaintiff’s complaint.

Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the
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