Express Scripts Leans On BCBS Ruling In 2nd Circ. Battle
Law360 (June 10, 2019, 6:41 PM EDT) -- The Sixth Circuit's recent dismissal of a disability discrimination case against BlueCross BlueShield of Tennessee supports Express Scripts' position that it can't be accused of discrimination for allegedly setting high prices, the pharmacy benefit manager told the Second Circuit.
Express Scripts Inc. filed a letter Monday pointing the Second Circuit's attention to the Sixth Circuit's ruling in Doe v. BlueCross BlueShield of Tennessee earlier in June. Express Scripts contended that the Sixth Circuit's ruling supported its argument that a proposed class couldn't bring a disparate-impact discrimination claim against it under Section 1557 of the Affordable Care Act.
In the BlueCross BlueShield case, the...
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