This Week in 340B: August 2023 #2

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McDermott Will & Emery

This weekly series provides brief summaries 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: 340B Covered Entity

  • The appeal court mediator released the parties from the mediation program in a case involving a covered entity appellant and a prime vendor program appellee.
  • The appeal court set the date for oral argument in a state law case involving a trade association appellant and a government appellee.
  • In a case involving the definition of “patient”, the covered entity filed a response in opposition to the recent motions for leave to file amici curiae briefs in support of HHS.

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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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