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In this article, Jenner & Block Special Counsel Michael T. Graham and Associate Amit B. Patel discuss notable cases and decisions where appeals courts have looked closely at the specific contractual relationship between plaintiffs and pharmacy benefit managers (PBMs). They explore whether PBMs owed any ERISA-based fiduciary duties to the plaintiffs.
“Exclusive Benefit – An Analysis of PBMs as Potential ERISA Fiduciaries” is the second article of a three-part series on ERISA litigation involving PBMs for Bloomberg Law’s Insight section. In the previous article, Mr. Graham and Associate Christopher M. Sheehan provided an overview of recent federal district court litigation involving claims against PBMs as ERISA fiduciaries.