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.

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