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PHARMACEUTICAL CARE MANAGEMENT ASSN v. GERHART

No. 15-3292.

852 F.3d 722 (2017)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff-Appellant v. Nick GERHART, In his official capacity as Insurance Commissioner of the State of Iowa; Thomas J. Miller, In his official capacity as Attorney General of the State of Iowa, Defendants-Appellees. National Community Pharmacists Association; Iowa Pharmacy Association, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 11, 2017.

Corrected: January 12, 2017.

Rehearing and Rehearing En Banc Denied February 16, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was M. Miller Baker , of Washington, DC. The following attorneys also appeared on the appellant brief; Jason Michael Casini , of Des Moines, IA., Charles Robert Quigg , of Washington, DC., Mark Jacob Altschul , of Chicago, IL.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Jordan Esbrook , AAG, of Des Moines, IA.

The following attorneys appeared on the amicus brief in support of appellees; Robert Thomas Smith , of Washington, DC., Howard R. Rubin , of Washington, DC., Gary W. Howell , of Chicago, IL., Daniel Lipton , of Washington, DC.

Before MURPHY and SHEPHERD, Circuit Judges, and PERRY, District Judge.

This case involves the question of whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., expressly preempts section 510B.8 of the Iowa Code. The district court determined that it did not and dismissed Pharmaceutical Care Management Association's (PCMA's) complaint...

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