Skip Anthem, Express Scripts Drug Price Fight, US Tells Justices

A case asking whether insurers and pharmacy benefit managers face ERISA liability when negotiating drug prices doesn’t merit US Supreme Court review, according to a federal government brief advising the justices to skip a case involving Anthem Inc. and Express Scripts Inc.

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decision declining to hold either company liable as a fiduciary under the Employee Retirement Income Security Act is a nonprecedential ruling that doesn’t conflict with any Supreme Court or appeals court decisions, US Solicitor General Elizabeth B. Prelogar told the justices in a brief filed Tuesday.

However Prelogar’s ...