Jenner & Block

Insight: PBMs Facing More Than ERISA Suits as RICO, Antitrust, State Law Claims Grow, Bloomberg Law

In this article, Jenner & Block Special Counsel Michael T. Graham and Associate Caroline L. Meneau discuss non-ERISA causes of action pharmacy benefit managers (PBMs) have faced and should anticipate in the future.  These non-ERISA ride-along theories offer a more flexible range of potential damages, enhanced statutory damages and fewer pleading challenges. 

“PBMs Facing More Than ERISA Suits as RICO, Antitrust, State Law Claims Grow” is the last in a three-part series on ERISA litigation involving PBMs for Bloomberg Law’s Insight section.  In the first article, Mr. Graham and Associate Christopher M. Sheehan provided an overview of recent federal district court litigation involving claims against PBMs as ERISA fiduciaries. The second article, Mr. Graham, along with Associate Amit B. Patel, discussed notable cases and decisions where appeals courts have looked closely at the specific contractual relationship between plaintiffs and PBMs.