Pharmaceutical Care v. Mulready, et al

  1. May 10, 2024

    Okla. Tells Justices 10th Circ. Wrong On PBM Law

    Oklahoma's insurance department Friday asked the U.S. Supreme Court to take up its petition seeking review of a Tenth Circuit decision overturning portions of a state law regulating pharmacy benefit managers, arguing that high court intervention is needed to resolve disagreement among the circuits on federal preemption.

  2. January 03, 2024

    10th Circ. Denies Okla. Stay Request In PBM Law Fight

    A Tenth Circuit panel has refused to stay the implementation of its August ruling that overturned portions of an Oklahoma law regulating pharmacy benefit managers, declining to hit pause on the decision while the state seeks U.S. Supreme Court review of an industry group's lawsuit.

  3. December 09, 2023

    Circuit-By-Circuit Guide To 2023's Most Memorable Moments

    A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

  4. December 08, 2023

    5 Recent ERISA Decisions Attorneys Should Know

    Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted. Here, Law360 looks back at five published circuit court decisions in ERISA litigation from the second half of 2023 that benefits lawyers should know.

  5. September 25, 2023

    PBM Group Must Respond To 10th Circ. En Banc Petition

    The Tenth Circuit ordered an industry group representing pharmacy benefit managers Monday to respond to the Oklahoma attorney general's recent en banc rehearing petition that claims a three-judge panel's decision to overturn portions of a state statute regulating PBMs is "unsettling" and creates circuit slips.

  6. August 16, 2023

    10th Circ. Finds ERISA, Medicare Preempt Okla. PBM Law

    The Tenth Circuit overturned portions of an Oklahoma statute enacted in 2019 regulating pharmacy benefit managers that an industry group had challenged, holding the state law's restrictions on network access and composition ran afoul of express preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.

  7. May 16, 2023

    10th Circ. Doubtful That Okla.'s PBM Law Evades Preemption

    The Tenth Circuit appeared skeptical Tuesday of Oklahoma's argument that federal benefits laws didn't trump a state statute regulating pharmacy benefit managers, with a three-judge panel repeatedly questioning how numerous effects on pharmacy network design weren't at least partially preempted.

  8. April 28, 2023

    3 May Argument Sessions Benefits Attorneys Should Watch

    In May, federal appeals courts are set to hear pivotal Employee Retirement Income Security Act disputes while California's highest court will consider whether a person can sue their spouse's employer over a COVID-19 infection. Here are three appellate argument sessions set for May that benefits attorneys will be keeping an eye on.

  9. April 18, 2023

    Oklahoma, PBM Group Say DOL Off-Base In Preemption Fight

    The state of Oklahoma and a pharmacy benefit manager trade group urged the Tenth Circuit to ignore parts of an amicus brief the federal government recently filed in a battle over a state law regulating PBMs, which act as intermediaries between insurers and drugmakers.

  10. April 10, 2023

    Feds Say ERISA, Medicare Preempt Part Of Okla. PBM Law

    The U.S. government told the Tenth Circuit on Monday that federal benefits and health care laws preempted part of an Oklahoma state law regulating pharmacy benefit managers, but argued that other parts of the statute governing the intermediaries between pharmacies and insurers were not overridden.