May 29, 2026
The full Fourth Circuit will revisit two panel decisions that created a circuit split when they temporarily blocked a pair of state laws that barred drugmakers from prohibiting federally funded hospitals from contracting with an unlimited number of pharmacies to dispense discounted drugs in the 340B Drug Pricing Program.
April 14, 2026
A split Fourth Circuit panel on Tuesday tossed a Maryland district court's order denying a preliminary injunction to pharmaceutical manufacturers that have challenged a state law addressing drug delivery in the federal 340B discount program, pointing to its recent ruling that West Virginia's similar statute is likely preempted.
March 31, 2026
A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.
September 22, 2025
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
September 09, 2025
Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.
April 07, 2025
The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.