On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey, effectively leaving the issue of abortion rights to the states. Thirteen states currently
Supreme Court
U.S. Supreme Court: Courts Can Review Railroad Retirement Board’s Refusal to Reopen Claims
In a 5-4 decision, the U.S. Supreme Court has ruled that federal courts can review decisions by the U.S. Railroad Retirement Board denying claimants’ requests to reopen prior benefits denials. Salinas v. U.S. R.R. Ret. Bd., No. 19-199 (Feb. 3, 2021).
Justice Sonia Sotomayor, writing for the majority, explained the relevant provision of the…
U.S. Supreme Court: State Law Regulating Pharmacy Benefit Managers is Not Preempted by ERISA
By Lindsey H. Chopin & Stacey C.S. Cerrone on
Posted in Affordable Care Act, Certiorari, ERISA, ERISA Preemption, PBM, pharmacy benefit Manager, Supreme Court, TPA
An Arkansas law regulating pharmacy benefit managers’ (PBMs) generic drug reimbursement rates, and affecting the cost of prescription drugs provided under ERISA-governed benefit plans and the administration of those plans, is not preempted by ERISA, the U.S. Supreme Court has held unanimously. Rutledge v. Pharmaceutical Care Management Association, No. 18-540, 2020 U.S. LEXIS 5988…
U.S. Supreme Court to Take on Affordable Care Act … Again
By Lindsey H. Chopin on
This term, the U.S. Supreme Court returns to a challenge to the Affordable Care Act (ACA). In the consolidated cases of California v. Texas (No. 19-840) and Texas v. California (No. 19-1019), the Court will consider whether a group of states and private individuals have standing to challenge the ACA. If that procedural hurdle is…
Supreme Court to Consider Appealability of Railroad Retirement Board Decisions
The U.S. Supreme Court will hear the second of several ERISA disputes this term, the first issue we discussed as the term began, October 5, 2020. Monday, November 2, 2020, the Justices will consider whether the Railroad Retirement Board’s denial of a claimant’s request to open a prior benefits decision is a “final decision” reviewable…
Supreme Court: Plaintiffs Who Suffered No Injury Lack Standing to Sue under ERISA
By Howard Shapiro on
The plaintiffs’ expectations surely suffered a blow after reading the Supreme Court’s initial observation in their case: “If [the plaintiffs] were to lose this lawsuit, they would still receive the exact same monthly benefits that they are already slated to receive, not a penny less. If [the plaintiffs] were to win this lawsuit, they would…
Supreme Court Decides Not to Decide on Latest Challenge to ACA Contraceptive Coverage
By Jackson Lewis P.C. on
The Supreme Court in a unanimous opinion remanded Zubik v. Burwell — and the six cases consolidated with Zubik — back to the Courts of Appeals to rule on the contraceptive opt-out notice provisions. The Court directed the lower courts to consider the new information presented in the parties’ post-oral argument briefs ordered by the…
SUPREME COURT RULES THAT ACA’S CONTRACEPTIVE MANDATE VIOLATES RELIGIOUS FREEDOM
By Melissa Ostrower & Jackson Lewis P.C. on
Last week the Supreme Court ruled, 5-4, in Burwell v. Hobby Lobby Stores, Inc., et al., that closely held corporations cannot be required to provide contraceptive coverage as mandated by the Affordable Care Act (ACA) because the requirement violates the Religious Freedom Restoration Act of 1993 (RFRA). At issue in the case were regulations …