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Arkansas Asks Again for High Court Review of Drug-Price Law (1)

March 19, 2019, 4:19 PMUpdated: March 19, 2019, 9:15 PM

Arkansas Attorney General Leslie Rutledge renewed her push to have the U.S. Supreme Court revive a state law regulating how companies like Express Scripts and CVS Health reimburse pharmacies for prescription drugs.

The U.S. Court of Appeals for the Eighth Circuit’s decision striking down the Arkansas drug pricing law conflicts with Supreme Court precedent and deepens a split among the federal circuits, Rutledge said in a March 18 brief. The Eighth Circuit’s “poorly reasoned” ruling—which held the Arkansas law was preempted by the federal Employee Retirement Income Security Act—is in direct conflict with decisions from the First and D.C. circuits,...

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