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Leslie Rutledge, Attorney General of Arkansas v. Pharmaceutical Care Management Association
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-1609 · judgment June 8, 2018
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and an Eighth Circuit decision below.
Question presented
Thirty-six States have enacted legislation to curb abusive prescription drug reimbursement practices by claims-processing middlemen-known as pharmacy benefit managers (PBMs)-who make money on the spread between the rates at which they reimburse pharmacies and the drug prices they charge health plans. In response, Respondent Pharmaceutical Care Management Association (PCMA), a PBM trade association, has launched a barrage of litigation across the country arguing that state regulations of PBMs generally, and state drug-reimbursement regulations specifically, are categorically preempted by the Employee Retirement Income Security Act of 1974 (ERISA). Disregarding this Court's ERISA precedent (and contrary to the First Circuit's conclusion that PBM regulations are categorically not preempted by ERISA), the Eighth Circuit embraced that argument. The question presented here is: Whether the Eighth Circuit erred in holding that Arkansas's statute regulating PBMs' drug-reimbursement rates, which is similar to laws enacted by a substantial majority of States, is preempted by ERISA, in contravention of this Court's precedent that ERISA does not preempt rate regulation. PRESS RELEASE OF APRIL 3, 2020 IN KEEPING WITH PUBLIC HEALTH GUIDANCE IN RESPONSE TO COVID-19, THE COURT WILL POSTPONE THE ORAL ARGUMENTS CURRENTLY SCHEDULED FOR THE APRIL SESSION. 4/13/2020: ARGUMENT TO BE RESCHEDULED FOR THE OCTOBER TERM 2020
Counsel of record
For petitioner
Nicholas Jacob Bronni
Solicitor General of Arkansas, Arkansas Attorney General's Office
For respondent
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 18 merits
(12 supporting pet./neither, 6 respondent)
Argument & decision
Argued October 6, 2020 — Nicholas J. Bronni · Seth P. Waxman. Audio and transcript
Decided December 10, 2020. Opinion by Sotomayor.
Proceedings
- Jan 11 2023Record returned to the U.S.C.A. 8th Circuit. (1-Box)
- Jan 11 2021JUDGMENT ISSUED.
- Dec 10 2020Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the case. Thomas, J., filed a concurring opinion.
- Oct 06 2020Argued. For petitioner: Nicholas J. Bronni, Solicitor General, Little Rock, Ark.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.
- Jul 13 2020SET FOR ARGUMENT on Tuesday, October 6, 2020.
- Apr 24 2020Reply of petitioner Leslie Rutledge filed. (Distributed)
- Apr 20 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Apr 13 2020Argument to be rescheduled for the October Term 2020.
- Apr 03 2020ORAL ARGUMENT POSTPONED.
- Apr 01 2020Brief amicus curiae of J.B. Hunt Transport Services, Inc. filed. (Distributed)
- Apr 01 2020Brief amicus curiae of America's Health Insurance Plans, Inc. filed. (Distributed)
- Apr 01 2020Brief amicus curiae of Society for Human Resource Management filed. (Distributed)
- Apr 01 2020Brief amicus curiae of Employers Health Purchasing Corporation filed. (Distributed)
- Apr 01 2020Brief amicus curiae of Academy of Managed Care Pharmacy filed. (Distributed)
- Apr 01 2020Brief amici curiae of The Chamber of Commerce of the United States of America and the American Benefits Council filed. (Distributed)
- Mar 26 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 25 2020Brief of respondent Pharmaceutical Care Management Association filed. (Distributed)
- Mar 19 2020CIRCULATED
- Mar 03 2020Record received from the U.S.C.A. 8th Circuit. (1-Box)
- Mar 02 2020Motion for leave to file Volume II of the joint appendix under seal GRANTED.
- Mar 02 2020Brief amici curiae of States of California, et al. filed.
- Mar 02 2020Brief amici curiae of Community Oncology Alliance, Inc., et al. filed.
- Mar 02 2020Brief amicus curiae of National Association of Chain Drug Stores, Inc. filed.
- Mar 02 2020Brief amicus curiae of National Council of Insurance Legislators filed.
- Mar 02 2020Brief amici curiae of Arkansas Pharmacists Association, et al. filed.
- Mar 02 2020Brief amicus curiae of United States filed.
- Mar 02 2020Brief amici curiae of FMI and Twenty-Three Retail Trade Associations filed.
- Mar 02 2020Brief amicus curiae of National Association of Specialty Pharmacy filed.
- Mar 02 2020Brief amicus curiae of Alliance for Transparent and Affordable Prescriptions filed.
- Mar 02 2020Brief amicus curiae of AIDS Healthcare Foundation filed.
- Mar 02 2020Brief amici curiae of AARP and AARP Foundation supporting neither party filed.
- Mar 02 2020Brief amici curiae of American Medical Association, et al. filed.
- Feb 26 2020Record requested from the U.S.C.A. 8th Circuit.
- Feb 24 2020Brief of petitioner Leslie Rutledge filed.
- Feb 24 2020Motion for leave to file Volume II of the joint appendix under seal filed by petitioner Leslie Rutledge.
- Feb 24 2020Joint appendix (Volume I) filed. (Statement of costs filed)
- Feb 21 2020SET FOR ARGUMENT on Monday, April 27, 2020.
- Jan 10 2020Petition GRANTED.
- Dec 18 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 17 2019Supplemental brief of respondent Pharmaceutical Care Management Association filed.
- Dec 04 2019Brief amicus curiae of United States filed.
- Apr 15 2019The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Mar 20 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 18 2019Reply of petitioner Leslie Rutledge, Attorney General of Arkansas filed.
- Feb 28 2019Brief of respondent Pharmaceutical Care Management Association in opposition filed.
- Jan 23 2019Motion to extend the time to file a response is granted and the time is further extended to and including February 28, 2019.
- Jan 22 2019Motion to extend the time to file a response from January 24, 2019 to February 28, 2019, submitted to The Clerk.
- Dec 19 2018Motion to extend the time to file a response is granted and the time is further extended to and including January 24, 2019.
- Dec 14 2018Motion to extend the time to file a response from January 7, 2019 to January 24, 2019, submitted to The Clerk.
- Nov 21 2018Brief amici curiae of States of California, et al. filed.
- Nov 08 2018Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019.
- Nov 06 2018Motion to extend the time to file a response from November 23, 2018 to January 7, 2019, submitted to The Clerk.
- Oct 22 2018Petition for a writ of certiorari filed. (Response due November 23, 2018)
- Oct 01 2018Application (18A130) granted by Justice Gorsuch extending the time to file until October 22, 2018.
- Sep 26 2018Application (18A130) to extend further the time from October 8, 2018 to October 22, 2018, submitted to Justice Gorsuch.
- Aug 03 2018Application (18A130) granted by Justice Gorsuch extending the time to file until October 8, 2018.
- Aug 01 2018Application (18A130) to extend the time to file a petition for a writ of certiorari from September 6, 2018 to October 8, 2018, submitted to Justice Gorsuch.