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Your ERISA Watch – Eighth Circuit Rules North Dakota Law Regulating Pharmacy Benefit Managers is Preempted by ERISA

This week’s notable decision comes from the Eighth Circuit and concerns claims preempted by ERISA. In Pharm. Care Mgmt. Ass’n v. Tufte, No. 18-2926, __F.3d__,2020 WL 4554980 (8th Cir. Aug. 7, 2020), Plaintiff Pharmaceutical Care Management Association (“PCMA”) claimed that…

Your ERISA Watch – The Difficult Dudenhoeffer Standard Saves Wells Fargo from Answering an ERISA Class Action Lawsuit

This week’s notable decision is Allen v. Wells Fargo & Co., No. 18-2781, __ F.3d __, 2020 WL 4279751 (8th Cir. July 27, 2020). The three plaintiffs, employees of Wells Fargo, brought a class action lawsuit against the bank under…

Your ERISA Watch – In Mental Health Treatment Dispute, Tenth Circuit Holds De Novo Review Applies Where There Is No Notice of Discretionary Authority

This week we highlight a notable circuit court decision involving a denial of a mental health claim.  The Tenth Circuit case, Lyn M. v. Premera Blue Cross, No. 18-4098, __ F.3d __, 2020 WL 4249129 (10th Cir. July 24, 2020),…

Your ERISA Watch – Finding No ERISA Preemption, Third Circuit Revives Out-of-Network Provider Claims Against Aetna

This was an exciting week in ERISAland!  We highlight three notable decisions in the areas of ERISA preemption and out-of-network provider claims, proton beam radiation therapy and standing, and pension benefit claims. This week’s first notable decision, ­­­­­­­­­­­­­­Plastic Surgery Ctr.,…

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