United States DC Circuit
Pharmaceutical Care Mgmt. Corp. v. Dist. of Colum., 09-7042
In an action seeking a declaration that Title II of the District of Columbia's Access Rx Act of 2004 was preempted by ERISA and various constitutional provisions, summary judgment for plaintiffs is affirmed in part where sections 48-832.01(a), (b)(1), and (d) of Title II were pre-empted by ERISA insofar as they applied to a pharmaceutical benefits manager (PBM) under contract with an employee benefit plan (EBP) because they "related to" an EBP. However, the judgment is reversed in part where sections 48-832.01(b)(2) and (c) were not preempted by ERISA, because each may be waived by an EBP in its contract with a PBM.
Appellate Information
- Argued 12/15/2009
- Decided 07/09/2010
- Published 07/09/2010
Judges
- Douglas C. Ginsburg
Court
- United States DC Circuit
Counsel
- For Appellant:
- James C. McKay, Jr., Paul J. Ondrasik, Jr.