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

McDermott Will & Emery

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. 

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.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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