Seventh Circuit Holds ERISA Does Not Preempt Arkansas Rule 128’s Pharmacy Dispensing Fee Requirement or Its Incidental Reporting Requirement
Seventh Circuit Holds ERISA Does Not Preempt Arkansas Rule 128’s Pharmacy Dispensing Fee Requirement or Its Incidental Reporting Requirement
Central States, Southeast and Southwest Areas Health and Welfare Fund v. McClain, No. 25-2727, --- F.4th ----, 2026 WL 2510865 (7th Cir. Aug. 26, 2026) (Before: Hamilton, Kirsch, and Kolar,…
District Court: ERISA Does Not Require Retroactive Reimbursement of Wellness Program Tobacco Surcharges
In Williams v. Bally’s Management Group, LLC, No. 1:25-00147-MSM-PAS, 2025 WL 3078747 (D.R.I. Nov. 4, 2025), the U.S. District Court for the District of Rhode Island dismissed an employee’s challenge…
Sixth Circuit Rejects Hospitals’ Attempt to Expand Insurers’ Payment Obligations for Emergency Care
In AMISUB (SFH), Inc. v. Cigna Health & Life Ins. Co., No. 23-5714, ---F.4th----, 2025 WL 1806073 (6th Cir. July 1, 2025), the Sixth Circuit affirmed the dismissal of a…
Sixth Circuit Clarifies Insurer vs. Fiduciary Capacity in ERISA Dispute
In Bluecross Blueshield of Tennessee, Inc. v. Nicolopoulos, No. 24-5307, 2025 WL 1338242 (6th Cir. May 8, 2025), the Sixth Circuit Court of Appeals addressed an issue central to the…
Tenth Circuit Holds Oklahoma’s Patient’s Right to Pharmacy Choice Act Is Preempted by Federal Law
In Pharm. Care Mgmt. Ass’n v. Mulready, No. 22-6074, __F.4th__, 2023 WL 5218138 (10th Cir. Aug. 15, 2023), Plaintiff-Appellant Pharmaceutical Care Management Association (PCMA), a trade association representing pharmacy benefit…
Eighth Circuit Holds ERISA Does Not Preempt North Dakota Laws Regulating Pharmacy Benefits Managers
Pharm. Care Mgmt. Ass’n v. Wehbi, No. 18-2926, __F.4th__, 2021 WL 5355916 (8th Cir. Nov. 17, 2021) (Before Smith, Chief Judge, Gruender and Benton, Circuit Judges). On remand from the…
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