We’re back from the Thanksgiving holiday with two weeks of 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: ADR Rule; Contract Pharmacy; Medicare Payment; Other
- In a federal antitrust action, the parties filed a joint stipulation of dismissal.
- In an appeal concerning obligations of the 340B Prime Vendor, the 340B Prime Vendor submitted its Appellee Brief.
- In a case challenging the 340B Administrative Dispute Resolution (ADR) Rule, the parties filed a Joint Status Report.
- In response to the final rule published on November 2, 2023 detailing a remedy for underpayment in light of the Supreme Court’s decision in AHA v. Becerra, stay orders were issued in three of the pending Medicare payment cut cases for 100 days to allow for implementation of the final rule. The parties anticipate that the cases would be dismissed after the payments are made.
- In a case regarding a state law governing contract pharmacy arrangements, the state government agency filed a response in opposition to the defendant’s motion to dismiss.
In a separate case regarding a state law governing contract pharmacy arrangements, the state government agency filed its answer to the plaintiff’s first amended complaint.
- In a separate case regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed an answer.
Our 340B team has also published several long-form updates on 340B regulatory and litigation developments from November. Catch up on them below:
Bryan Frederick and Patrick Moore, law clerks in McDermott’s Los Angeles office, also contributed to this post.
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