High Court Knocks Out PBM Group's 8th Circ. Preemption Win

Law360 (February 22, 2021, 1:44 PM EST) -- The U.S. Supreme Court struck down a win Monday for a trade group that brought an ERISA case challenging North Dakota's oversight of the pharmacy benefit manager industry, sending the suit back to the Eighth Circuit for another look in light of the justices' recent Rutledge ruling.

The justices granted the Pharmaceutical Care Management Association's petition for them to take up the case, then vacated the group's Eighth Circuit victory in a deregulation fight invoking the Employee Retirement Income Security Act.

That win can't stand in light of the justices' Dec. 10 ruling in Rutledge v. PCMA, which handed a groundbreaking...

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