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
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This Week in 340B: September 10 – 16, 2024

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: ADR Rule; Medicare Payment; Contract Pharmacy; Other

  • In a case concerning the ADR Rule, the parties filed a joint status report.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the court set trial for April 2026.
  • In an antitrust case filed by a Covered Entity against a group of drug manufacturers, the manufacturers filed a joint brief of defendant-appellees.
  • In a breach of contract claim filed by a complainant, the court issued a formal mandate for final judgment.
  • In 12 cases challenging a proposed state law governing contract pharmacy arrangements in West Virginia, Maryland, Mississippi, Missouri, and Kansas:
    1. WV: Defendants in three cases filed notices of supplemental authority. In one of those cases, plaintiffs filed a response.
    2. MD: Defendants filed a memorandum opposing plaintiff’s motion for expedited discovery.
    3. MS: Plaintiffs in each of two cases filed their opening briefs in the Fifth [...]

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This Week in 340B: September 3 – 9, 2024

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: Medicare Payment; HRSA Audit Process; Contract Pharmacy

  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plans filed its answer to the Covered Entity’s first amended complaint.
  • A 340B Covered Entity filed a complaint against HRSA challenging HRSA’s decision to approve a manufacturer’s request to audit the Covered Entity.
  • In seven cases challenging a proposed state law governing contract pharmacy arrangements in West Virginia, Mississippi, Arkansas, Minnesota, Maryland, and Missouri:
    • WV: Defendants filed a reply in support of their motion to dismiss.
    • MS: The court granted the parties’ joint motion to stay proceedings.
    • MN: The defendant filed a motion to dismiss the plaintiff’s amended complaint.
    • AR:
      ○ The intervenor filed a reply in support of its motion to dismiss.
      ○ An amicus filed a brief in support of the petitioner’s petition for a writ of certiorari
      before the US Supreme Court.
    • MD: The defendants [...]

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This Week in 340B: August 20 – 26, 2024

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; Medicare Payment; Other

  • In a case challenging HRSA’s position on contract pharmacy arrangements, the parties filed a joint status report.
  • In a breach of contract and unfair business practices case related to the activities of the 340B Prime Vendor, the United States Court of Appeals for the Ninth Circuit ruled in favor of the defendant, ruling that the plaintiff did not have a private right of action.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the court denied the defendants’ motion to dismiss the first amended complaint.
  • In 16 cases challenging proposed state laws governing contract pharmacy arrangements in Arkansas, the District of Columbia, Maryland, Minnesota, Missouri, and West Virginia:
    • AR: The court denied the plaintiff’s motion to compel compliance with certain subpoenas and denied the respondents’ motion to quash those subpoenas.
    • DC:
      1. In two cases challenging state laws governing contract pharmacy arrangements, the [...]

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This Week in 340B: July 9 – 15, 2024

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 the consolidated Medicare payment cut case, the government filed a reply in support of its cross motion to dismiss.
  • In a case challenging proposed state laws governing contract pharmacy arrangements, an amicus brief was filed in support of defendant’s opposition to plaintiff’s motion for a preliminary injunction.
  • The defendants in four separate cases, all of which challenged a state law concerning contract pharmacy arrangements, filed motions to consolidate their respective cases.
  • In a case challenging a state law governing contract pharmacy arrangements, advocacy groups representing 340B Covered Entities filed an amicus brief in support of defendants’ motion to dismiss and in opposition to plaintiffs motion for a preliminary injunction.
  • In a case challenging a state law governing contract pharmacy arrangements, the plaintiff filed a memorandum opposing the defendants’ motion to dismiss.
  • In a case challenging a state law governing contract pharmacy arrangements, the plaintiff filed an amended complaint.
  • In a breach of contract claim [...]

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This Week in 340B: July 2 – 8, 2024

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

  • A drug manufacturer filed a challenge to a state law governing contract pharmacy arrangements.
  • In a case challenging a state law governing contract pharmacy arrangements, the state attorney general filed a motion to dismiss.
  • In a case challenging a state law governing contract pharmacy arrangements, four amici filed a brief in support of defendant’s opposition to plaintiff’s motion for preliminary injunction.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered Entity filed its opposition to the Medicare Advantage Plans’ motion to dismiss its first amended complaint.
  • In a case challenging a state law governing contract pharmacy arrangements, the court denied the plaintiff’s motion for a preliminary injunction and the plaintiff appealed.
  • In another case challenging a state law governing contract pharmacy arrangements, the plaintiff appealed the court’s prior denial of its motion for preliminary injunction.



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This Week in 340B: June 18 – 24, 2024

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 the consolidated Medicare payment cut case, the plaintiffs filed a memorandum opposing the government’s motion to dismiss.
  • In a case challenging proposed state laws governing contract pharmacy arrangements, a pharmaceutical company filed a motion for preliminary injunctive relief.
  • In a separate case challenging proposed state laws governing contract pharmacy arrangements, defendant state attorney general filed a motion in opposition to plaintiff’s motion for preliminary injunctive relief.
  • A drug manufacturer filed two separate complaints against two state attorneys general to challenge state laws governing contract pharmacy arrangements.
  • A nonprofit organization filed an amicus curiae brief in support of the 340B Covered Entity plaintiff-appellant in a contract pharmacy case.
  • In five separate cases challenging state laws governing contract pharmacy arrangements:
      1. Two plaintiffs filed separate motions for preliminary injunctions;
      2. Two state defendants filed answers to the plaintiffs’ complaints as well as oppositions to the plaintiffs’ motions for a preliminary injunction;
      3. One state [...]

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This Week in 340B: June 11 – 17, 2024

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 breach of contract claim related to payments for 340B drugs filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plans filed a motion to dismiss.
  • In a contract pharmacy case, the 340B Covered Entity plaintiff-appellant filed its opening appeal brief.
  • A drug manufacturer filed a complaint against a state attorney general to challenge a state law governing contract pharmacy arrangements.
  • In two related cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed motions to consolidate the two cases.
  • In another case regarding a state law governing contract pharmacy arrangements, the parties filed a joint motion for a modified briefing schedule.



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This Week in 340B: May 28 – June 3, 2024

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 three related cases regarding a state law governing contract pharmacy arrangements, pharmaceutical companies filed notices of supplemental authority. In two of the three cases, the state attorney general filed responses.
  • In two new cases challenging proposed state laws governing contract pharmacy arrangements, a pharmaceutical company filed complaints in federal court. In one of these cases, the pharmaceutical company additionally filed a motion for preliminary injunction, and a memorandum in support of its motion for preliminary injunction.
  • In a consolidated case addressing the Medicare 340B payment cuts, the government filed its opposition to the hospitals’ motion for summary judgement and a cross-motion to dismiss.
  • A trade associating representing drug manufacturers filed claims against two separate states in two different federal courts challenging state laws addressing 340B contract pharmacy arrangements.
  • A drug manufacturer filed a complaint against the federal government for failing to respond to a FOIA request involving contracts between 340B covered entities and contract [...]

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This Week in 340B: May 21 – 27, 2024

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 challenging Arkansas’ Act 1103, the court approved the parties’ jointly stipulated protective order.
  • In three separate cases regarding a state law governing contract pharmacy arrangements, the court granted the plaintiffs’ request for oral argument on the motions and cross-motions for summary judgment in all related pending cases.
  • In three separate cases challenging HRSA’s position on contract pharmacy arrangements, the court ordered the parties to file a joint status report proposing a schedule for further proceedings in light of the DC Circuit’s decision in Novartis Pharmaceuticals Corp. v. Johnson.
  • In a separate case challenging HRSA’s position on contract pharmacy arrangements, the manufacturer submitted the DC Circuit’s decision in Novartis Pharmaceuticals Corp. v. Johnson as supplemental authority.
  • In two consolidated contract pharmacy cases, the DC Circuit Court of Appeals issued its opinion.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered [...]

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This Week in 340B: April 30 – May 6, 2024

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: Medicare Payment; Contract Pharmacy; Other

  • In the consolidated Medicare payment cut case, the plaintiffs filed a motion for summary judgement.
  • In an appeal before the Ninth Circuit Court of Appeals concerning a qui tam False Claims Act action, the case was released from the mediation program.
  • In an appeal before the Eighth Circuit Court of Appeals challenging Arkansas’ Act 1103, the court denied the plaintiff-appellant’s petition for panel rehearing and rehearing en banc.



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