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: August 13 – 19, 2024

Posted In 340B

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+.

Issues at Stake: Contract Pharmacy

  • In seven cases challenging proposed state laws governing contract pharmacy arrangements:
    • The plaintiff filed an opposition to the respondents’ motion to quash its subpoenas; the court granted a purported intervenor’s motion to intervene; the intervenor filed a motion to dismiss; the intervenor filed an answer in intervention to the plaintiff’s amended complaint; and a respondent filed an additional motion to quash a subpoena issued by the plaintiff.
    • Defendants filed omnibus memorandums in support of their motions to dismiss PhRMA’s claims and opposing PhRMA and AbbVie’s preliminary injunction motions in three related cases. In one of those three cases, defendants additionally filed a motion to dismiss for lack of subject matter jurisdiction.
    • The plaintiff filed an amended complaint and a reply memorandum in support of its motion for preliminary injunction.
    • The plaintiff filed a motion for leave to file a surreply in response to defendants’ reply in support of their motion to dismiss, and defendants filed a response in opposition to the plaintiff’s motion for leave to file a surreply.
    • The plaintiff filed a response to defendants’ motion to dismiss.
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.


Bryan Frederick
Bryan Frederick is an associate in McDermott's Healthcare Practice Group. While earning graduate degrees in law and public health, Bryan served as a legal intern at the Los Angeles LGBT Center Immigration Law Project and senior editor of the Michigan Law Review at University of Michigan Law School.Learn more about Bryan'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.


Patrick Moore
Patrick Moore is an associate in McDermott's Healthcare Practice Group. While earning his law degree, Patrick served as a legal intern for a global life sciences research organization and as managing editor of the Journal of International Law and Foreign Affairs at UCLA School of Law.Learn more about Patrick's practice here.

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