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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