"At issue ... is whether an Arkansas statute that regulates the rates charged by Pharmacy Benefit Managers (PBMs), is preempted by [ERISA].... The Eighth Circuit Court of Appeals ... held that the Arkansas law included PBMs that cover ERISA plans, so the law 'relate[d] to and has a connection with employee benefit plans,' and was therefore preempted, declaring the law unenforceable as applied to PBMs in their administration and management of an ERISA plan.... The Solicitor General's brief argues that the [Eighth Circuit] erred in holding ERISA preemption under both the 'reference to' and 'connection with' theories of preemption." [Pharmaceutical Care Mgmt. Assoc. v. Rutledge, Nos. 17-1609 and 17-1629 (8th Cir. June 8, 2018; cert. pet. filed Oct. 22, 2018)]  MORE >>