HEALTH & LIFE SCIENCES NEWS

This Week in 340B: April 8 – 14, 2025

by Emily Jane Cook, Matthew David, Margaret Houtz, Jae Hyun Lee, Kelsey Reinhardt, Nadine Tejadilla, Reuben Bank and Deepika Raj | Apr 16, 2025 | 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.

Issues at Stake: Rebate Model; Contract Pharmacy

In five cases against the Health Resources and Services Administration (HRSA) related to rebate models:
- In one case, amici filed an amicus brief in support of the government.
- In one case, a plaintiff filed a brief in opposition to defendants’ cross motion for summary judgment and reply in support of summary judgment.
- In four cases, intervenor defendants filed a reply brief in support of their cross motion for summary judgment.
In a case challenging a Utah law that would restrict manufacturers’ ability to restrict contract pharmacy arrangements, the plaintiffs filed a motion for a preliminary injunction.
In two appealed cases challenging a Louisiana law governing contract pharmacy arrangements, the defendant and intervenor-defendant filed their briefs.
In a case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the drug manufacturer filed a motion to strike a declaration.
Two drug manufacturer filed four separate complaints to challenge four state laws restricting contract pharmacy [...]

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This Week in 340B: April 1 – 7, 2025

by Emily Jane Cook, Matthew David, Margaret Houtz, Jae Hyun Lee, Kelsey Reinhardt and Nadine Tejadilla | Apr 9, 2025 | 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.

Issues at Stake: Contract Pharmacy; Antitrust; Rebate Model

In an appealed case challenging a West Virginia law governing contract pharmacy arrangements, amici filed amicus briefs in support of the plaintiff-appellee.
A group of drug manufacturers filed a suit against the Utah Attorney General and Insurance Commissioner to challenge a Utah law restricting manufacturers’ ability to restrict contract pharmacy arrangements.
In an antitrust class action case, the plaintiff filed an amended complaint.
In two cases challenging a Minnesota law governing contract pharmacy arrangements, the court granted the government’s motion to dismiss.
In a case by a drug manufacturer challenging an Arkansas state law governing contract pharmacy arrangements, the intervenor defendant filed a reply brief in response to the drug manufacturer’s motion for judgment on the pleadings.
In six cases against the Health Resources and Services Administration (HRSA) related to rebate models:
- In three cases, the plaintiffs filed a joint brief in opposition to Intervenor-defendants’ cross motion for summary judgment and reply in support of summary judgment.
- In [...]
  
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This Week in 340B: March 25 – 31, 2025

by Emily Jane Cook, Matthew David, Margaret Houtz, Deepika Raj, Kelsey Reinhardt and Nadine Tejadilla | Apr 2, 2025 | 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.

Issues at Stake: Rebate Model; Contract Pharmacy; Other

In four cases against the Health Resources and Services Administration (HRSA) alleging that HRSA unlawfully refused to approve drug manufacturers’ proposed rebate models, 37 state and regional hospital associates filed an amici brief in support of HRSA.
In a breach of contract case filed by a covered entity against a Medicare Advantage plan, the covered entity dismissed the case in its entirety with prejudice.
In an appealed case challenging a proposed West Virginia law governing contract pharmacy arrangements, plaintiff-appellees filed a brief, and in another similarly appealed case, appellants filed a reply brief.
In a case challenging a proposed state law governing contract pharmacy arrangements in Missouri, plaintiffs filed a notice of appeal with the Eighth Circuit.

This Week in 340B: March 18 – 24, 2025

by Emily Jane Cook, Matthew David, Margaret Houtz, Kelsey Reinhardt and Nadine Tejadilla | Mar 26, 2025 | 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.

Issues at Stake: Contract Pharmacy; Rebate Model

In a case by a drug manufacturer challenging a state law, the intervenor defendant filed a brief in support of its motion to compel discovery, and the drug manufacturer filed a brief in opposition to the intervenor’s motion for judgment on the pleadings.
In four cases against the Health Resources and Services Administration (HRSA) alleging that HRSA unlawfully refused to approve drug manufacturers’ proposed rebate models, the intervenor defendants filed a cross motion for summary judgment and opposition to the plaintiff’s motion for summary judgment.
- In one such case, 37 state and regional hospital associates filed a motion for leave to file an amici brief in support of HRSA.

This Week in 340B: March 11 – 17, 2025

by Emily Jane Cook, Matthew David, Margaret Houtz, Jae Hyun Lee, Deepika Raj, Kelsey Reinhardt and Nadine Tejadilla | Mar 19, 2025 | 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.

Issues at Stake: Rebate Model; Contract Pharmacy; Other

In three appealed cases challenging a proposed Louisiana law governing contract pharmacy arrangements, the appellee filed a motion to consolidate.
In a case challenging the US Department of Health and Human Services (HHS) and the Health Resources and Services Administration (HRSA’s) decision to prevent drug manufacturers from unilaterally implementing rebate models, defendants filed a cross motion for summary judgment and opposition to the plaintiff’s motion for summary judgment.
In a case challenging HRSA’s policy limiting the circumstances in which covered entities can use their group purchasing arrangements to purchase non-340B drugs, the plaintiff filed a motion for summary judgment.
In three cases challenging a proposed state law governing contract pharmacy arrangements in Missouri, defendants and intervenors in each case filed answers to amended complaints.
In four cases against HRSA alleging that HRSA unlawfully refused to approve drug manufacturers’ proposed rebate models:
- In three cases, the defendants filed a cross motion for summary judgment and opposition to the [...]
  
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