This Week in 340B: January 27 – February 2, 2026

McDermott Will & Schulte

Find the 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.

Issues at Stake: Contract Pharmacy; Other

  • In a case challenging a Vermont law:
    • The court granted a motion to file an amici curiae brief.
    • Plaintiffs filed a reply in support of their motion for a preliminary injunction and in opposition to the government’s partial motion to dismiss.
  • In a case against HRSA challenging its certification of a group of entities as 340B-eligible, the court granted a motion to intervene.
  • In a case challenging a Vermont law, the plaintiff filed a memorandum in opposition to the government’s motion to dismiss.
  • In two cases challenging a New Mexico law, the government filed responses to the plaintiffs’ complaint for declaratory and injunctive relief.
  • In one case challenging a New Mexico law, the American Hospital Association filed a motion for leave to file an amicus curiae brief.
  • In two cases challenging a North Dakota state law governing contract pharmacy arrangements, the court issued a consolidation order.
  • In two cases challenging an Oregon state law governing contract pharmacy arrangements, the American Hospital Association filed an amicus curiae brief.
  • In one case brought by a drug manufacturer challenging a Maine state law governing contract pharmacy arrangements, the defendant filed a reply brief in support of its motion to dismiss.
  • In a case brought by a drug manufacturer challenging a Hawaii state law governing contract pharmacy arrangements, the defendant filed a response to the plaintiff’s supplemental brief.

[View source.]

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. Attorney Advertising.

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