HEALTH & LIFE SCIENCES NEWS
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries

This Week in 340B: April 9 – April 15, 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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Medicare Payment; Contract Pharmacy; Other

  • In eight Medicare payment cut cases, the court approved the parties’ motion to consolidate the cases and the parties’ proposed briefing schedule.
  • In a case challenging Arkansas’ Act 1103, the court filed the initial scheduling order for the case.
  • In an appeal before the Eighth Circuit Court of Appeals challenging Arkansas’ Act 1103 that was decided in the state’s favor, the plaintiff-appellant filed a petition for rehearing or rehearing en banc.
  • In an appeal before the Ninth Circuit Court of Appeals concerning a qui tam False Claims Act action, the appellant-relator filed a motion to extend the time to submit its opening brief.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plans filed a reply in support of their motion to dismiss and a reply in support of their motion to stay discovery. Additionally, the court in this case ordered [...]

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This Week in 340B: April 2 – April 8, 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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Other

  • In a case regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed a combined opposition to defendant’s motions for summary judgment and reply in support Plaintiff’s motion for summary judgment.
  • In eight Medicare payment cut cases, the parties filed joint status reports requesting additional briefing on the sufficiency of payment and the consolidation of similarly situated cases. The court in each case granted the requests.
  • In a qui tam False Claims Act action, the plaintiff-relator filed a notice of appeal to the Court of Appeals for the Ninth Circuit.
  • In a case challenging Arkansas’ Act 1103, the court granted the defendant’s motion to transfer the case to a different judge.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered Entity filed its opposition to the Medicare Advantage plan defendants’ motion to stay discovery.



This Week in 340B: March 26 – April 1, 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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Other

  • In a case challenging Arkansas’ Act 1103, the defendant filed a notice of related cases, the plaintiff filed an opposition to the defendant’s notice of related cases and the defendant filed its answer to the plaintiff’s complaint.
  • In a case regarding a state law governing contract pharmacy arrangements, intervenor-defendants filed a brief of amici curiae in support of defendant State Attorney General’s cross-motion for summary judgment.
  • In a case against HRSA filed by a group of 340B Covered Entities seeking relief from HRSA’s recent change in its policy on child sites, the 340B Covered Entities filed their reply memorandum in support of their motion for summary judgement and opposition to HRSA’s cross-motion for summary judgment.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the 340B Covered Entity filed its opposition to the Medicare Advantage plan defendants’ motion to dismiss.



This Week in 340B: March 19 – 25, 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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Drug Manufacturer; Other

  • In two related cases regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed responses to defendant state attorney general’s notices of supplemental authority.
  • All plaintiffs in one Medicare payment cut case voluntarily dismissed the case.
  • In a case challenging the New York Department of Health’s 340B Carveout plan, the Defendants filed a memorandum of law in further support of their cross-motion to dismiss the complaint.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Stay Discovery.
  • A drug manufacturer filed suit against a state agency alleging, among other things, that a certain state law requiring manufacturers to make 340B drugs available to any and all pharmacies entering into a contractual relationship with a covered entity is preempted by federal law.



This Week in 340B: March 13 – 18, 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. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Other

  • In a case regarding a state law governing contract pharmacy arrangements, the Court granted intervenor-defendant’s opposed motion for leave to file its cross-motion for summary judgment, and intervenor-defendant filed a memorandum of law in support of its cross-motion.
  • In two related cases regarding a state law governing contract pharmacy arrangements, defendant state attorney general filed a notice of supplemental authority for each case.
  • In a qui tam False Claims Act case, the Court granted the Defendants’ motion to dismiss the complaint.



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