Rutledge v. Pharmaceutical Care Management Association. (Justice Amy Coney Barrett did not participate in the case.)
In
Rutledge, the state of Arkansas challenged a ruling by the 8th U.S. Circuit Court of Appeals, which held that ERISA preempts a state law regulating prescription drug reimbursement. In simple terms, the Supreme Court reversed the 8th Circuit’s judgment, finding that the Arkansas law amounts to cost regulation that does not bear an impermissible connection with ERISA.
Discussing this outcome with PLANADIVSER, Benjamin Conley, an attorney and partner at employment law firm Seyfarth Shaw, says there are some serious implications for the health care plan space, which is his main focus. He says national employers will be disappointed with the outcome of the ruling, as they might come to face a patchwork of prescription drug price control laws and regulations across the 50 states. However, he says he understands why Arkansas would enact such a law and why an otherwis
Rutledge v. Pharmaceutical Care Management Association. (Justice Amy Coney Barrett did not participate in the case.)
In
Rutledge, the state of Arkansas challenged a ruling by the 8th U.S. Circuit Court of Appeals, which held that ERISA preempts a state law regulating prescription drug reimbursement. In simple terms, the Supreme Court reversed the 8th Circuit’s judgment, finding that the Arkansas law amounts to cost regulation that does not bear an impermissible connection with ERISA.
Discussing this outcome with PLANSPONSOR, Benjamin Conley, an attorney and partner at employment law firm Seyfarth Shaw, says there are some serious implications for the health care plan space, which is his main focus. He says national employers will be disappointed with the outcome of the ruling, as they might come to face a patchwork of prescription drug price control laws and regulations across the 50 states. However, he says he understands why Arkansas would enact such a law and why an otherwis
Why Some ERISA Litigation Trends May Turn in 2021
It may seem like the pace of ERISA litigation will never slow down, but one ERISA attorney says he is not so sure about that.
Reported by
Asked by PLANSPONSOR for his broad take on the evolving Employee Retirement Income Security Act (ERISA) litigation landscape, Michael Klenov, an attorney at plaintiffs’ firm Korein Tillery, says 2020 has been an eventful year.
“This is the case for a few reasons,” Klenov says. “First of all, 2020 has been an action-packed year from the perspective of ERISA-focused decisions coming from the Supreme Court. This term brought a larger number of ERISA cases than you would typically see in a single term, and some of these could have a significant impact.”