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 27 – September 2, 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 a proposed state law governing contract pharmacy arrangements in Arkansas, Missouri, Maryland, and West Virginia:
    • AR: The plaintiff filed an opposition to the intervenor’s motion to dismiss.
    • MO: The plaintiff filed a response in opposition to defendant’s motion to dismiss and a response in opposition to defendant’s motion to transfer venue. In the same case, a group of three amici filed an amicus brief in support of the defendant’s motion to dismiss and opposition to plaintiff’s motion for a preliminary injunction.
    • MD: The defendants filed a reply in support of their motion to dismiss the plaintiff’s complaint.
    • WV: In two cases, defendants filed answers to plaintiff’s complaints, and plaintiffs filed replies in support of their motions for preliminary injunctions. In a third case, defendants filed an answer to plaintiff’s complaint. In a fourth case, plaintiff filed a combined memorandum in support of its motion for a preliminary injunction and in opposition to defendant’s 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.


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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