Decision by U.S. District Judge Billy Roy Wilson Regarding the Legality of the 340B Drug Pricing Nondiscrimination Act
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA
PLAINTIFF
V.
Case No. 4:21-CV-864-BRW
ALAN MCCLAIN, in his official capacity as Commissioner of the Arkansas Insurance Department
DEFENDANT
COMMUNITY HEALTH CENTERS OF ARKANSAS; PIGGOTT COMMUNITY HOSPITAL
INTERVENORS
Order
Pending are Plaintiff’s Motion for Summary Judgment on Preemption (Doc. No. 24), Defendant Leslie Rutledge’s Cross-Motion for Summary Judgment (Doc. No. 32), and Intervenors’ Cross-Motion for Summary Judgment on Preemption (Doc. No. 35). The parties have responded and replied.1 For the reasons set out below, Plaintiff’s motion is DENIED. Intervenors’ cross-motion is GRANTED. Defendant Leslie Rutledge’s cross-motion is DENIED as MOOT.