8th Circ. Won't Rethink Striking Down North Dakota PBM Law

Law360 (September 2, 2020, 8:43 PM EDT) -- The Eighth Circuit won't rethink its decision to strike down a North Dakota law that regulated pharmacy benefit managers' fees, the court ruled Wednesday, upholding its stance that the statute was preempted by the Employee Retirement Income Security Act.

The court's order denied a bid for reconsideration of an Aug. 7 ruling filed by four North Dakota officials on Aug. 12, rejecting the officials' request for either a three-judge panel or the full Eighth Circuit to take another look at the case.

The officials — North Dakota's state health officer, Mylynn Tufte; the state's attorney general, Wayne Stenehjem; the North Dakota...

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