In re Express Scripts/Anthem ERISA LitigationDate Filed: May 6, 2016
District Court: Southern District of New York – 16-cv-03399
Appellate Court: 2nd Circuit 18-346
Nature of Suit: Drug Costs|ERISA
Defendant Type: Pharma
Plaintiff Type: Private
Court Document: https://www.bloomberglaw.com/document/X1GOV3V7G000N?
The district court dismissed a proposed class action against Anthem Inc. and Express Scripts Inc. over drug pricing methods, holding that the companies can’t be liable under ERISA if they weren’t acting in a fiduciary capacity. The AARP and the National Employment Lawyers Association asked the U.S. Court of Appeals for the Second Circuit to overturn the decision. The groups’ May 2 brief says both companies acted as ERISA fiduciaries with respect to the Anthem health plans through which they provided prescription drug coverage.