Gov't Wants Justices To Tackle ERISA Preemption Case

Law360 (December 5, 2019, 6:30 PM EST) -- The federal government has urged the U.S. Supreme Court to take on a case challenging an Arkansas law regulating pharmacy benefit managers' drug reimbursement rates, arguing that the Eighth Circuit wrongly held the statute was trumped by the Employee Retirement Income Security Act.

U.S. Solicitor General Noel J. Francisco in a brief Wednesday asked the high court to grant Arkansas' petition seeking a review of an Eighth Circuit decision that struck down a state law requiring PBMs to reimburse pharmacies for generic drugs at certain rates. The high court asked for the solicitor general's input in April. 

"Whether, or to what...

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