Workers Lean On 8th Circ. In 2nd Circ. Express Scripts Suit

Law360 (February 12, 2020, 9:22 PM EST) -- A proposed class of health benefit recipients suing Express Scripts Inc. over drug pricing has told the Second Circuit that a recent Eighth Circuit decision supports their argument that the pharmacy benefit manager acted as a fiduciary when setting drug prices.

The recipients on Tuesday filed a letter pointing the Second Circuit’s attention to the Eighth Circuit’s Feb. 3 decision that found Principal Life Insurance Co. acted as an Employee Retirement Income Security Act fiduciary when setting the interest rate for an investment product used in 401(k) plans.

While Principal had argued it wasn’t a fiduciary because it had a contractual...

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