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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