This Week in 340B: August 26 – September 1, 2025

McDermott Will & Schulte

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.

Issues at Stake: Rebate Model; Contract Pharmacy

  • In six appealed cases related to rebate models, plaintiff-appellants filed their reply briefs.
  • In a case challenging a Tennessee state law governing contract pharmacy arrangements, the plaintiff filed an amended complaint and the defendant filed a reply in support of its motion to dismiss.
  • In a case challenging a Utah bill governing contract pharmacy arrangements, the defendant filed a response to the plaintiff’s notice of supplemental authority.
  • In a case challenging a Missouri state law governing contract pharmacy arrangements, amici filed an amicus brief in support of the defendants.
  • In a case challenging a Hawaii state law governing contract pharmacy arrangements, the plaintiff filed a reply brief to its motion for preliminary injunction.
  • A drug manufacturer filed two separate lawsuits in Hawaii and Tennessee to challenge state laws governing contract pharmacy arrangements.

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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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