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: October 1 – 7, 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; Other

  • In an appealed action alleging that various drug manufacturers failed to charge accurate ceiling prices to 340B Covered Entities, the 340B Covered Entity plaintiff filed its reply brief.
  • In seven cases challenging a proposed state law governing contract pharmacy arrangements:
    • LA: The plaintiff filed an appeal to the Fifth Circuit.
    • MO: The defendants filed a motion to transfer in one case and a motion to dismiss in a separate case. In a third case, amici filed a brief in support of defendants’ motion to dismiss and opposition to plaintiff’s motion for preliminary injunction.
    • AR: The court denied the intervenor’s motion to dismiss.
    • MN: In two cases, a group of amici filed an amici curiae brief in support of the 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.


Jae Hyun Lee
Jae Hyun Lee is a member of the Healthcare Practice Group. He focuses his practice on healthcare mergers and acquisitions as well as regulatory and compliance matters. Read Jae's full bio 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.


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.

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