United States DC Circuit
Pharm. Care Mgmt. Ass'n v. Dist. of Columbia, 07-7062
In a suit to block a DC law that would require pharmacy benefit managers to act as fiduciaries, to disclose the content of their contracts with pharmacies and manufacturers, and to pass on any payments or discounts they receive from pharmacies or manufacturers, summary judgment for the District is vacated and remanded where the case involved unmixed questions of law and: 1) application of collateral estoppel would freeze the development of the law in an area of substantial public interest; and 2) the legal context changed subsequent to after the first decision.
Appellate Information
- Argued 03/07/2008
- Decided 04/18/2008
- Published 04/18/2008
Judges
- Before: RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Paul J. Ondrasik, Jr. argued the cause for appellant. With him on the briefs were Martin D. Schneiderman and Linda S. Stein., Robin S. Conrad and Jonathan D. Hacker were the brief for amici curiae America's Health Insurance Plans, et al. in support of appellant., Nickles, Interim Attorney General, Todd S. Kim, Solicitor General, and Lutz Alexander Prager. Edward E. Schwab, Deputy Attorney General, entered an appearance.
- For Appellees:
- James C. McKay, Jr., Senior Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellee. With him on the brief were Peter J., Jan A. May, Bruce Vignery, and Michael Schuster were on the brief for amici curiae American Association of Retired Persons, et al. in support of appellee. Stacy J. Canan entered an appearance.