This Week in 340B: July 1 – 7, 2025

McDermott Will & Emery

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; HRSA Audit Process; Contract Pharmacy

  • In five appealed cases related to rebate models:
    • In four cases, an amended amicus brief was filed in support of the appellant drug manufacturers.
    • In one case, a motion to consolidate was filed.
    • In one case, the intervenor-appellees filed a response to appellant’s motion to dismiss their cross-appeal.
  • In a case by a covered entity against an insurance company alleging breach of contract, the insurance company filed a motion to dismiss and memorandum in support of its motion to dismiss.
  • In a case by a covered entity challenging the government’s decision to allow a manufacturer’s audit, the government filed a reply in further support of its motion to dismiss.
  • In a case challenging a South Dakota bill, the court granted leave to file an amici curiae brief in support of the government.
  • In four cases challenging a Utah bill, the government filed motions to dismiss and memoranda in support of their motions to dismiss.

[View source.]

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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