Bloomberg Law
Free Newsletter Sign Up
Bloomberg Law
Welcome
Go
Free Newsletter Sign Up

Anthem, Express Scripts Drug Price Case Denied High Court Look

June 27, 2022, 1:34 PM

A case asking whether insurers and pharmacy benefit managers face ERISA liability when negotiating drug prices won’t get US Supreme Court review, the justices announced Monday, following the federal government’s advice to skip the case involving Anthem Inc. and Express Scripts Inc.

The justices won’t review the US Court of Appeals for the Second Circuit’s 2020 decision declining to hold either company liable as a fiduciary under the Employee Retirement Income Security Act. The high court’s decision to pass on the case comes one month after US Solicitor General Elizabeth B. Prelogar filed a brief advising the court to skip ...