United States Ninth Circuit

In a contract, tort, and consumer protection law action brought by Medicare beneficiaries against a Medicare drug benefit program provider and its parent company, dismissal of the complaint and denial of reconsideration are affirmed where plaintiffs' claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act of 2003.

Appellate Information

• Argued 03/14/2008
• Decided 08/25/2008
• Published 08/25/2008

Judges

• PAEZ, Circuit Judge:, Before: B. FLETCHER and RICHARD A. PAEZ, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Scott C. Breneman and Joseph A. Grube, Ricci Grube Aita & Breneman, PLLC, Seattle, WA, for the appellants., William A. Helvestine and Carri L. Becker, Epstein Becker & Green, P.C., San Francisco, CA, for the amicus.


• For Appellees:
  
• Brian D. Boyle, Mark Davies, Samuel Brown, and Meaghan McLaine, O'Melveny & Myers, LLP, Washington, DC, for the appellees.