Parties In Preemption Row Over Oklahoma Pharma Law Tackle Government’s Amicus Brief

Mealey's (April 18, 2023, 2:11 PM EDT) -- DENVER — In April 17 responses to the government’s amicus curiae brief in a 10th Circuit U.S. Court of Appeals dispute over whether the Employee Retirement Income Security Act and Medicare Part D preempt an Oklahoma law pertaining to pharmaceutical benefit managers (PBMs), a trade association asserts “a shocking departure from settled ERISA preemption doctrine” and Oklahoma state regulators criticize what they call the government’s “new theory of ‘governmental thoughts’ preemption.”...