The ERISA Industry Committee (ERIC) today lauded the 10th U.S. Circuit Court of Appeals’ reversal yesterday of a previous District Court decision in PCMA v. Mulready regarding provisions of an Oklahoma law controlling pharmacy benefit manager (PBM) practices.
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ERIC Legal Update: Tenth Circuit Holds Oklahoma PBM Law Preempted by ERISA
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The ERISA Industry Committee Urges Ninth Circuit to Affirm ERISA Preemption of California State Law Claims
WASHINGTON, June 29, 2023 – The ERISA Industry Committee (ERIC) joined with two like-minded groups on Wednesday to file an amicus brief with the Ninth Circuit Court of Appeals in Bristol SL Holdings, Inc. v. Cigna Health & Life Ins. Co.
The ERISA Industry Committee Concerned North Carolina Pharmacy Benefit Manager Legislation Oversteps State Authority, Violates Federal Law
WASHINGTON, June 1, 2023 – The ERISA Industry Committee (ERIC) today said it has “deep concerns” with North Carolina House Bill 246 and the expansive regulation of pharmacy benefit managers (PBMs) that it proposes. Namely, the bill contains several provisions that seek to control the design and administration of self-insured employer health plans governed solely by the federal Employee Retirement Income Security Act of 1974 (ERISA), which PBMs often administer. To highlight the negative impacts posed by HB 246, ERIC developed a legislative outlook memo to better inform advocacy organizations and stakeholder groups also engaged on this statewide effort.
ERIC New Jersey WARN Act Litigation – Decision to Not Pursue Third Circuit Appeal
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The ERISA Industry Committee Leads Coalition Amicus Brief Supporting Legal Challenge to Oklahoma Law on ERISA Preemption Grounds
WASHINGTON, April 11, 2023 – The ERISA Industry Committee (ERIC) joined with like-minded coalition groups yesterday to file an amicus brief supporting the legal fight to defeat expansive provisions of Oklahoma law governing the design of employer health plans’ provider networks. These provisions overstep state authority in this area and should be preempted by federal law.
ERIC Legal Update: New Jersey WARN Motion for Summary Judgment Denied on Basis of Standing; ERIC Considering Next Steps
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The ERISA Industry Committee Files Reply Brief in Ongoing NJ WARN Act Lawsuit
Washington, D.C., March 28, 2023 – The ERISA Industry Committee (ERIC) today filed a reply brief in its ongoing lawsuit to defeat the amended New Jersey WARN Act on ERISA preemption grounds. This submission concludes the district court briefing process, leaving just under two weeks for a decision to be reached before the amended law’s April 10 effective date.
ERIC Alert: Texas Bill Seeks Expansion of State Authority Over PBMs; Member Company Interest in Joining Texas Association of Business Coalition Letter
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The ERISA Industry Committee Refiles Motion for Summary Judgment in NJ WARN Act Lawsuit
Washington, D.C., March 14, 2023 – The ERISA Industry Committee (ERIC) today refiled a motion for summary judgment in its ongoing lawsuit, The ERISA Industry Committee v. Robert Asaro-Angelo, the Commissioner of the New Jersey Department of Labor and Workforce Development. This filing follows the completion of an expedited discovery process ordered by the Court, regarding ERIC’s standing to file the suit.