No. 20-683

Dirk Wilke, Interim State Health Officer of North Dakota, et al. v. Pharmaceutical Care Management Association

Lower Court: Eighth Circuit
Docketed: 2020-11-17
Status: GVR
Type: Paid
Tags: civil-rights eighth-circuit employee-benefits erisa erisa-preemption health-care-law pharmacy-benefit-managers plan-administration preemption state-regulation
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Whether, contrary to decisions of this Court and every other court of appeals that has addressed the issue, ERISA preempts a State law simply because it is broad enough to "include[ ]" ERISA plans among those affected by the law.

2. Whether, contrary to the text of ERISA and decisions of this Court and every other court of appeals to consider the issue, ERISA preempts a State law "in its entirety"—even as that law applies to non-ERISA plans.

Question Presented (AI Summary)

Whether ERISA preempts state laws regulating pharmacy benefit managers

Docket Entries

2021-03-26
JUDGMENT ISSUED.
2021-02-22
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rutledge v. Pharmaceutical Care Management Assn., 592 U. S. ___ (2020).
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-11
Brief of Respondent filed.
2020-12-18
Supplemental brief of petitioners Dirk Wilke, et al. filed.
2020-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
2020-11-25
Motion to extend the time to file a response from December 17, 2020 to January 15, 2021, submitted to The Clerk.
2020-11-13
Petition for a writ of certiorari filed. (Response due December 17, 2020)

Attorneys

Dirk Wilke, et al.
Robert Thomas SmithKatten Muchin Rosenman LLP, Petitioner
Pharmaceutical Care Management Association
Michael B. KimberlyMCDERMOTT WILL & EMERY, Respondent