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: Rebate Model, Other, Contract Pharmacy

• In consolidated cases against the government related to rebate models, the court issued multiple rulings denying and granting, in whole or in part, the cross motions for summary judgment filed by all parties.
• In one case against the government related to rebate models, the court granted the intervenors’ motion to intervene.
• In one case against the government related to rebate models, the court found that plaintiff has standing to challenge the government.
• In a case by a covered entity against the government, the covered entity filed an opposition to proposed intervenors’ motion for leave to submit an amicus brief.
• In a case by a drug manufacturer against the government, the drug manufacturer filed an opposition to the government’s partial motion to dismiss.
• In two cases challenging a Utah state law governing contract pharmacy arrangements, the defendants filed a memorandum in opposition to the plaintiff’s motion for preliminary injunction. In the same case, the defendants filed a motion to dismiss.
• In an appealed case challenging a Louisiana law governing contract pharmacy arrangements, the plaintiff filed a motion in opposition to intervenor-defendant’s motion for leave to file a sur-reply to appellant’s reply brief.
• In a case against the government challenging its certification of a group of entities as 340B-eligible, plaintiffs filed an opposition to the government’s partial motion to dismiss. (Other)
• In a case challenging a South Dakota law governing contract pharmacy arrangements, a group of amici filed an amicus brief in support of defendants’ motion to dismiss. (contract pharmacy)
• In a case brought by a 340B covered entity alleging breach of contract by an insurance company, the insurance company filed a notice of removal to remove the case from state court to federal court.
• In a case challenging Missouri law governing contract pharmacy arrangements, plaintiff-appellant filed an opening brief.

Nadine Tejadilla also contributed to this article.