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ADVERTISEMENT ADVERTISEMENT Express Scripts Says Bad Jury Instructions Led To $82M Loss Law360 (December 16, 2020, 7:40 PM EST) -- Express Scripts Inc. told the Delaware Supreme Court on Wednesday it should vacate a jury decision that ordered it to pay a Parthenon Capital Partners subsidiary $82 million in damages in a fraudulent inducement case, asserting that the jury was improperly instructed and a new trial is warranted. During virtual oral arguments in front of the full slate of justices, counsel for Express Scripts said a flawed instruction given to a Superior Court jury tainted its Ju...

To embed, copy and paste the code into your website or blog: The U.S. Supreme Court handed down a decision on Thursday of last week that will impact state-level regulation of pharmacy benefit managers (PBMs) by holding that an Arkansas law regulating PBMs was not preempted by the Employee Retirement Income Security Act (ERISA). The decision capped off a busy week in litigation for PBMs as on Monday the Second Circuit held that a business transaction between a PBM and an insurer was not a fiduciary act under ERISA. Although the cases involve distinct issues, they provide some clarity for PBMs ...

Wednesday, December 16, 2020 The U.S. Supreme Court handed down a decision on Thursday of last week that will impact state-level regulation of pharmacy benefit managers (PBMs) by holding that an Arkansas law regulating PBMs was not preempted by the Employee Retirement Income Security Act (ERISA). The decision capped off a busy week in litigation for PBMs as on Monday the Second Circuit held that a business transaction between a PBM and an insurer was not a fiduciary act under ERISA. Although the cases involve distinct issues, they provide some clarity for PBMs on the interplay betwe...