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: July 30 – August 5, 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

  • A drug manufacturer filed suit against the Kansas attorney general to challenge a state law governing contract pharmacy arrangements.
  • A 340B Covered Entity filed suit against HRSA to challenge HRSA’s authorization of an audit request by a drug manufacturer.
  • In six separate cases challenging state laws governing contract pharmacy arrangements:
      1. A defendant filed a motion to dismiss and a notice of related cases;
      2. A defendant filed a motion to dismiss and a notice of related cases;
      3. A plaintiff filed an opposition to a putative intervenor’s motion to intervene; a putative intervenor filed a motion for leave to file a reply in support of its motion to intervene; four respondents filed a joint motion to quash subpoenas seeking non-party discovery; and a plaintiff filed a motion to compel compliance with a subpoena;
      4. Defendants filed a reply brief in support of their motion to dismiss the plaintiff’s complaint.
      5. A group of five amici filed an amicus brief in support of the defendants’ motion to dismiss and in opposition to the plaintiff’s motion for preliminary injunction.
      6. A group of five amici filed an amicus brief in support of the 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.


Kelsey Reinhardt
Kelsey R. Reinhardt focuses her practice on regulatory and transactional matters affecting a wide range of clients across the healthcare industry. Learn more about Kelsey's practice here.


Deepika Raj
Deepika Raj advises a broad range of healthcare industry clients on regulatory, compliance and transactional matters. She offers multifaceted advice on state and federal fraud and abuse statutes, licensure rules, cannabis laws and due diligence matters. Learn more about Deepika's practice here.

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