- Docket No.
- 25-2236
- Appellate Court
- First Circuit
Goal
- Block enforcement of an agency action
- Declaration that agency action is unlawful
Issues
Case History
Litigation Content
Why this Matters:
The plaintiffs allege that a new 340B pilot rebate payment model violates the Administrative Procedure Act and imposes burdensome administrative and financial costs on participating hospitals. Instead of allowing hospitals to purchase a drug at a rebated price, the pilot model would require hospitals to pay drug manufacturers the full price of certain drugs up front and then seek a rebate once the drugs have been administered to eligible patients. The appeal challenges the lower court’s decision to preliminarily enjoin the model pilot program.
Potential Impact:
Hospitals argue that paying the full price of certain drugs up front will limit resources otherwise available for patient care and hamper hospitals’ ability to provide comprehensive care.
8 Major Filings
- ORDER ON MOTION FOR STAY PENDING APPEAL (Jan 7, 2026)
- AMICUS BRIEF [340B HEALTH ET AL.] (Jan 5, 2026)
- DEFENDANTS' RESPONSE RE: MOTION FOR STAY PENDING APPEAL (Dec 31, 2025)
- PLAINTIFFS' REPLY RE: MOTION FOR STAY PENDING APPEAL (Dec 31, 2025)
- SCHEDULING ORDER (Dec 31, 2025)
- MOTION TO INTERVENE ON APPEAL [PHARMACEUTICAL COMPANIES] (Dec 31, 2025)
- DEFENDANTS' MOTION FOR STAY PENDING APPEAL (Dec 30, 2025)
- DEFENDANTS' NOTICE OF APPEAL (Dec 29, 2025)