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This Week in 340B: March 19 – 25, 2024

by McDermott Will & Emery, Emily Jane Cook, Patrick Moore, Bryan Frederick and Kelsey Reinhardt | Mar 27, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Drug Manufacturer; Other

In two related cases regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed responses to defendant state attorney general’s notices of supplemental authority.
All plaintiffs in one Medicare payment cut case voluntarily dismissed the case.
In a case challenging the New York Department of Health’s 340B Carveout plan, the Defendants filed a memorandum of law in further support of their cross-motion to dismiss the complaint.
In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Stay Discovery.
A drug manufacturer filed suit against a state agency alleging, among other things, that a certain state law requiring manufacturers to make 340B drugs available to any and all pharmacies entering into a contractual relationship with a covered entity is preempted by federal law.

This Week in 340B: March 13 – 18, 2024

by Emily Jane Cook, Patrick Moore and Bryan Frederick | Mar 19, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Other

In a case regarding a state law governing contract pharmacy arrangements, the Court granted intervenor-defendant’s opposed motion for leave to file its cross-motion for summary judgment, and intervenor-defendant filed a memorandum of law in support of its cross-motion.
In two related cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a notice of supplemental authority for each case.
In a qui tam False Claims Act case, the Court granted the Defendants’ motion to dismiss the complaint.

This Week in 340B: March 5 – 12, 2024

by McDermott Will & Emery, Emily Jane Cook, Kelsey Reinhardt, Reuben Bank, Patrick Moore and Bryan Frederick | Mar 13, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment Cuts; Other

In six cases related to Medicare payment cuts, the Court ordered the cases stayed for an additional 30 days.
In a case regarding a state law governing contract pharmacy arrangements, the court granted intervenor-defendant’s motion to intervene.
In the same case regarding a state law governing contract pharmacy arrangements, the intervenor-defendant state primary care association filed a proposed answer in intervention to plaintiff pharmaceutical companies’ first amended complaint.
In a case against HRSA filed by a group of 340B covered entities seeking relief from HRSA’s recent change in its policy on child sites, HRSA filed its cross-motion for summary judgment and a memorandum in opposition to the covered entity plaintiffs’ motion for summary judgment.
On March 12, 2024, the Eighth Circuit Court of Appeals issued its opinion in a case challenging a state law requiring drug manufacturers to sell 340B drugs for dispensing through contract pharmacy agreements, affirming the decision of the district [...]

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This Week in 340B: February 27 – March 4, 2024

by Emily Jane Cook, Kelsey Reinhardt, Bryan Frederick and Patrick Moore | Mar 7, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment Cuts; Other

In a case regarding a state law governing contract pharmacy arrangements, four proposed amici moved for leave to file amicus briefs in support of defendant state attorney general’s cross-motions for summary judgment.
In a qui tam False Claims Act action, the Court issued an order scheduling the trial and referring the case to private mediation.
In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Dismiss.

This Week in 340B: February 21 – 26, 2024

by Emily Jane Cook, Reuben Bank, Bryan Frederick, Jae Hyun Lee, Patrick Moore and Kelsey Reinhardt | Feb 26, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment Cuts; ADR Rule; Other

In six cases related to the Medicare payment cuts, the court ordered the cases stayed until March 3, 2024.
In a case regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed an unopposed motion for leave to file a reply in support of its motion to intervene, an opposed motion for leave to file cross-motion for summary judgment and opposition to plaintiff’s motion for summary judgment. The state attorney general filed a cross motion for summary judgment and corresponding memorandum of law.
In a separate case regarding a state law governing contract pharmacy arrangements, state attorney general filed a memorandum of law in opposition to defendant pharmaceutical company’s motion to dismiss the second complaint.
In a case challenging the New York Department of Health’s 340B Carveout plan, the attorneys for both sides filed a stipulation of discontinuance as to one of the plaintiffs.
In a qui tam False Claims [...]

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This Week in 340B: February 14 – 20, 2024

by Emily Jane Cook, Bryan Frederick and Patrick Moore | Feb 22, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment Cuts

In six similar cases alleging improper cuts to Medicare payment rates for 340B drugs under the Outpatient Prospective Payment System, the parties filed joint status reports.
In two similar cases alleging improper cuts to Medicare payment rates for 340B drugs under the Outpatient Prospective Payment System, the Plaintiffs filed a notice of dismissal.
In two related cases regarding a state law governing Medicare payment cuts, both plaintiffs voluntarily dismissed their cases.
In a case regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed an Ex Parte Motion to extend deadlines.
In the same case regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed a reply in support of its motion to intervene.(Contract Pharmacy)

This Week in 340B: February 7 – 13, 2024

by McDermott Will & Emery, Emily Jane Cook, Kelsey Reinhardt, Bryan Frederick and Patrick Moore | Feb 15, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Other

In two separate cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a reply in support of defendant’s cross-motion for summary judgment.
In the same two separate cases regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed a reply in support of intervenor-defendant’s motion for summary judgment.
In a separate case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical company filed an opposition to intervenor-defendant state primary care association’s motion to intervene.
In a case challenging the New York Department of Health’s 340B Carveout plan, the Plaintiff’s submitted a memorandum in opposition to Defendants’ cross-motion to dismiss and in further support of their motion for a preliminary injunction.
A 340B Covered Entity filed a breach of contract claim against several related party Medicare Advantage plans, alleging that the company has failed to reimburse the covered entity after using rates based on the [...]

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This Week in 340B: January 31 – February 7, 2024

by Emily Jane Cook, Bryan Frederick and Patrick Moore | Feb 9, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy; Other

In a qui tam False Claims Act action alleging that defendants failed to charge accurate ceiling prices to 340B Covered Entities, the plaintiff-relator submitted a memorandum in opposition to the defendants’ renewed request for judicial notice and an omnibus opposition to defendants’ motion to dismiss the first amended complaint.
In a case regarding a state law governing contract pharmacy arrangements, the oral argument for defendant’s motion to dismiss was set for March 5, 2024.
In a separate case regarding a state law governing contract pharmacy arrangements, the court denied plaintiff’s motion to file a second amended complaint, ordered the clerk to close the case, and issued a judgment in favor of Defendant pharmaceutical companies.

This Week in 340B: January 17 – 23, 2024

by Emily Jane Cook, Bryan Frederick and Patrick Moore | Jan 25, 2024 | 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+Consulting.

Issues at Stake: 340B Covered Entities; Contract Pharmacy

In a qui tam False Claims Act action alleging that defendants failed to charge accurate ceiling prices to 340B Covered Entities, the parties filed a joint stipulation, which the court approved.
In two separate cases regarding a state law governing contract pharmacy arrangements, two plaintiff pharmaceutical companies filed combined replies in support of their motions for summary judgment and in opposition to cross motions for summary judgment.
In a case regarding a state law governing contract pharmacy arrangements, a proposed intervenor filed an opposed motion to intervene, and the court set forth a notice of motion setting for both the parties and the proposed intervenor.

This Week in 340B: January 9 – 16, 2024

by Emily Jane Cook, Reuben Bank and Patrick Moore | Jan 19, 2024 | 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+Consulting.

Issues at Stake: Contract Pharmacy, Medicare Payment

In a case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical company filed a motion for summary judgment.
Two cases related to the Medicare payment cuts were stayed until February 19, 2024.

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