This Week in 340B: March 26 – April 1, 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; Other

  • In a case challenging Arkansas’ Act 1103, the defendant filed a notice of related cases, the plaintiff filed an opposition to the defendant’s notice of related cases and the defendant filed its answer to the plaintiff’s complaint.
  • In a case regarding a state law governing contract pharmacy arrangements, intervenor-defendants filed a brief of amici curiae in support of defendant State Attorney General’s cross-motion for summary judgment.
  • In a case against HRSA filed by a group of 340B Covered Entities seeking relief from HRSA’s recent change in its policy on child sites, the 340B Covered Entities filed their reply memorandum in support of their motion for summary judgement and opposition to HRSA’s cross-motion for summary judgment.
  • 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 plan defendants’ 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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