CENTRAL STATES SOUTHEAST AREAS HEALTH AND WELFARE FUND v. MERCK-MEDCO MANAGED CARE, L.L.C.

Docket Nos. 04-3300-CV(L), 04-3464-CV(CON), 04-3545-CV(CON) and 04-3871-CV(CON).

433 F.3d 181 (2005)

CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Sweetheart Cup Company, Inc., and Iron Workers Tri-State Welfare Fund, Movants-Appellants, Linda J. Cahn, Esq., Movant-Appellant, Group Hospitalization and Medical Services, Doing Business as CareFirst Blue Cross Blue Shield, Movant-Appellant, v. MERCK-MEDCO MANAGED CARE, L.L.C. a/k/a Medco Health Solutions, Inc., Defendant-Counter-Claimant-Appellee, Frank Steve McMillan, David J. Gibson, Adam Miles, Monica Keim, on Behalf of Northwest Airlines Prescription Plan and all other Similarly Situated Plans, Pamela Stolz, on Behalf of Northwest Airlines Prescription Plan and all other Similarly Situated Plans, Rosemarie DeLong, Carl J. Goodman, Trustees of the United Food & Commercial Workers, Gary Pietrzak, on Behalf of the Minnesota Teamsters Health and Welfare Plan, and Peabody Energy Corporation, Consolidated Plaintiffs, Betty Jo Jones, Intervenor Plaintiff, Genia Gruer, on Behalf of Herself and all others Similarly Situated, Walter J. Green, on Behalf of Himself and all others Similarly Situated, Mildred Bellow, on Behalf of Herself and all others Similarly Situated, Elizabeth O'Hare, on Behalf of Herself and all others Similarly Situated, Employers Health and Welfare Plan and Trust and Margaret J. Weener, Plaintiffs-Appellees, Marissa Janazzo, as Fiduciary for the County Line Buick Nissan Employee Welfare Benefit Plan, on Behalf of Herself as a Fiduciary and all other Similarly Situated Fiduciaries of Employee Welfare Benefit Plans, Plaintiffs-Counter-Defendants-Appellees, Harry J. Blumenthal, Jr. and Alan Horwitz, as Fiduciaries for the Blumenthal Print Works, Inc. Welfare Benefit Plan, on Behalf of Themselves as Fiduciaries and all other Similarly Situated Welfare Benefit Plans, Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2005.


Attorney(s) appearing for the Case

Kenneth P. Ross, Robert F. Coleman & Associates, Chicago, IL (Robert F. Coleman, Sean B. Crotty, Robert F. Coleman & Associates, Chicago, IL; Eugene I. Pavalon, Pavalon, Gifford, Laatsch & Merino, Chicago, IL), for Movants-Appellants Central States Southeast and Southwest Areas Health and Welfare Fund, Sweetheart Cup Company, Inc., and Iron Workers Tri-State Welfare Fund.

W. Scott Simmer, Robins, Kaplan, Miller & Ciresi LLP, Washington, D.C. (Robert A. Scher, Foley & Lardner L.L.P., New York, NY; Christopher P. Sullivan, Robins, Kaplan, Miller & Ciresi LLP, Washington, D.C.), for Movants-Appellants Group Hospitalization and Medical Services d/b/a CareFirst Blue Cross Blue Shield.

Linda J. Cahn, Law Office of Linda J. Cahn, Esq., Morristown, NJ, Movant-Appellant.

Arthur N. Abbey, Abbey Gardy, LLP, New York, N.Y. (Karin E. Fisch, Abbey Gardy, LLP, New York, NY), for Plaintiffs-Appellees Elizabeth O'Hare, Genia Gruer, Estate of Mildred Bellow, Walter J. Green, and Marissa Janazzo.

Philippe Z. Selendy, Boies, Schiller & Flexner, LLP, New York, N.Y. (David Boies, Edward Normand, Boies, Schiller & Flexner, LLP, Armonk, NY), for Plaintiffs-Appellees Elizabeth O'Hare, Genia Gruer, Estate of Mildred Bellow, Walter J. Green, and Marissa Janazzo.

Before: MINER and POOLER, Circuit Judges, and BLOCK, Judge.


MINER, Circuit Judge:

This appeal involves challenges to the District Court's approval of an amended settlement agreement ("Settlement Agreement") arising out of the commencement of class action suits brought against a pharmaceutical benefits manager ("PBM"), pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq. The Settlement Agreement would affect more than 815,000 employee health benefit plans, which provide...

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