Anthem, Express Scripts Ask Justices to Skip ERISA Drug Case

Anthem Inc. and Express Scripts Inc. urged the U.S. Supreme Court to skip a case asking whether health insurers and pharmacy benefit managers can face ERISA liability for negotiating prescription drug prices, saying the law is settled in their favor.

Corporate transactions, including negotiations over how much health plan participants pay for prescription drugs, don’t give rise to fiduciary liability under the Employee Retirement Income Security Act, Anthem said in a brief filed Wednesday.

“Every circuit that has considered the issue has held that ERISA governs the administration and management of a plan, not corporate transactions and third party services ...