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This Week in 340B: May 28 – June 3, 2024
Wednesday, June 5, 2024

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

  • In three related cases regarding a state law governing contract pharmacy arrangements, pharmaceutical companies filed notices of supplemental authority. In two of the three cases, the state attorney general filed responses.
  • In two new cases challenging proposed state laws governing contract pharmacy arrangements, a pharmaceutical company filed complaints in federal court. In one of these cases, the pharmaceutical company additionally filed a motion for preliminary injunction, and a memorandum in support of its motion for preliminary injunction.
  • In a consolidated case addressing the Medicare 340B payment cuts, the government filed its opposition to the hospitals’ motion for summary judgement and a cross-motion to dismiss.
  • A trade associating representing drug manufacturers filed claims against two separate states in two different federal courts challenging state laws addressing 340B contract pharmacy arrangements.
  • A drug manufacturer filed a complaint against the federal government for failing to respond to a FOIA request involving contracts between 340B covered entities and contract pharmacies.
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