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U.S. Supreme Court,
Labor/Employment

Oct. 13, 2020

Arguments: Does ERISA preempt state laws regulating prices paid by prescription drug middlemen?

Last week the U.S. Supreme Court heard oral argument in a case examining whether the Employee Retirement Income Security Act preempts state laws regulating the reimbursement rates paid by "pharmacy benefit managers" to pharmacists who sell prescription drugs to claimants with ERISA-governed health care plans.

Elizabeth Hopkins

Partner
Kantor & Kantor

Phone: 818-886-2525

Email: ehopkins@kantorlaw.net

Elizabeth specializes in ERISA benefit and fiduciary breach claims.

Andrew M. Kantor

Associate
Kantor & Kantor LLP

Phone: (818) 886-2525

Email: akantor@kantorlaw.net

Univ of California, Irvine SOL; Irvine CA

Andrew specializes in ERISA long-term disability and bad faith claims.

Last week the U.S. Supreme Court heard oral argument in Rutledge v. Pharmaceutical Care Management Association, 18-540, a case examining whether the Employee Retirement Income Security Act preempts state laws regulating the reimbursement rates paid by "pharmacy benefit managers," or PBMs, to pharmacists who sell prescription drugs to claimants with ERISA-governed health care plans. While this case concerns exclusively an Arkansas state law,...

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