PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Appellee
v.
DISTRICT OF COLUMBIA and Adrian Fenty, In his Official Capacity as Mayor of the District of Columbia, Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 15, 2009.
Decided July 9, 2010.
Attorney(s) appearing for the Case
James C. McKay, Jr., Senior Assistant Attorney General, argued the cause for appellants. With him on the briefs were Peter J. Nickles, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.
Melissa Bowman, Attorney, U.S. Department of Labor, argued the cause for amicus curiae Secretary of Labor in support of appellants. With her on the briefs were Carol A. De Deo, Deputy Solicitor, Deborah Greenfield, Deputy Solicitor, and Nathaniel I. Spiller, Counsel.
Jan May, Stacy J. Canan, and Michael Schuster were on the brief for amici curiae AARP et al. in support of appellants.
Paul J. Ondrasik, Jr. argued the cause for appellee Pharmaceutical Care Management Association. With him on the briefs were Martin D. Schneiderman, Linda S. Stein, and Eric G. Serron. Alice E. Loughran entered an appearance.
Robin S. Conrad and William G. Schiffbauer were on the brief for amici curiae America's Health Insurance Plans, Inc. and Chamber of Commerce of the United States of America in support of appellee.
Opinion for the Court filed by Circuit Judge GINSBURG.
United States Court of Appeals, District of Columbia Circuit.
GINSBURG, Circuit Judge.
The District of Columbia appeals the judgment of the district court holding Title II of the Access Rx Act of 2004, D.C.Code § 48-832.01 et seq., is pre-empted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (ERISA). Pharm. Care Mgmt. Ass'n v. District of Columbia,605 F.Supp.2d 77, 84-88 (2009). We agree with the district court that §...
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