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

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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; 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.

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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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