PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff-Appellant
v.
Nizar WEHBI, in his official capacity as the State Health Officer of North Dakota; Mark J. Hardy, in his official capacity as the Executive Director of the North Dakota Board of Pharmacy; Tyler Lannoye, in his official capacity as the President of the North Dakota Board of Pharmacy; Wayne Stenehjem, in his official capacity as the Attorney General of North Dakota, Defendants-Appellees.
The Chamber of Commerce of the United States of America; America's Health Insurance Plans; Association of Federal Health Organizations, Amici on Behalf of Appellant(s).
National Association of Chain Drug Stores; National Council of Insurance Legislators; State of Minnesota; State of Alaska; State of Arizona; State of Arkansas; State of California; State of Colorado; State of Connecticut; State of Delaware; State of Georgia; State of Hawaii; State of Illinois; State of Indiana; State of Maine; State of Maryland; State of Massachusetts; State of Michigan; State of Mississippi; State of Nebraska; State of Nevada; State of New Jersey; State of New Mexico; State of New York; State of North Carolina; State of Oklahoma; State of Oregon; State of Rhode Island; State of South Carolina; State of South Dakota; State of Texas; State of Utah; State of Vermont; State of Virginia; State of Washington; District of Columbia; National Community Pharmacists Association; American Pharmacists Association; North Dakota Pharmacists Association; Arkansas Pharmacists Association; Iowa Pharmacists Association; Minnesota Pharmacists Association; Missouri Pharmacists Association; Nebraska Pharmacists Association; South Dakota Pharmacists Association; Alliance for Transparent and Affordable Prescriptions; Community Oncology Alliance; American Pharmacies, Amici on Behalf of Appellee(s).
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: September 1, 2021.
Filed: November 17, 2021.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellant was Michael B. Kimberly , of Washington, DC. The following attorney(s) appeared on the appellant brief; Sarah Hogarth , of Washington, DC.
The following attorneys appeared on amicus briefs in support of appellants:
Counsel who presented argument on behalf of the appellee was Robert Thomas Smith , Special Assistant, U.S. Attorney General, of Washington, DC. The following attorney(s) appeared on the appellee brief; Matthew A Sagsveen , Solicitor General and James Nicolai , Deputy Solicitor General of the North Dakota Attorney General's Office, Bismarck, ND, Howard Robert Rubin and Daniell E. Lipton , Special Assistants, U.S. Attorney General, Washington, DC.
The following attorney(s) appeared on the amicus parties' briefs in support of appellees; National Association of Chain Drug Stores, Inc., Mary Ellen Kleiman of Arlington, VA and Adam G. Unikowsky of Washington, DC.
On the brief of the States of Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington and the District of Columbia: Angela Behrens , Stephen Melchionne and Allen Cook Barr , AAGs, St. Paul, MN.
On the brief of The National Community Pharmacists Association, American Pharmacists Association, North Dakota Pharmacists Association and Six Other State Pharmacy Associations: William E. Copley , Matthew S. Krauss and William E. Jacobs of Washington, DC.
On the brief of the Alliance for Transparent and Affordable Prescriptions, The Community Oncology Alliance and American Pharmacies: Daniel L. Geyser of Dallas, TX.
Before SMITH, Chief Judge, GRUENDER and BENTON, Circuit Judges.
GRUENDER, Circuit Judge.
Pharmaceutical Care Management Association ("PCMA") sued to enjoin the enforcement of several North Dakota statutory provisions, claiming that they were preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and the Medicare Prescription Drug, Improvement, and Modernization...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
