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ERISA Plan Participants Cannot Proceed as a Class in Challenging EpiPen Prices
Proskauer Link to more items from this source
Aug. 25, 2020

"Four ERISA plan participants, who participated in four different ERISA plans, commenced an ERISA class action against four of the nation's largest pharmacy benefit managers (PBMs), alleging that the PBMs breached their fiduciary duties by failing to ensure that the plaintiffs and other plan participants received the benefit of discounts that the PBMs had negotiated with ... a company that markets and sells EpiPens.... [A] federal judge in Minnesota recently denied their motion for class certification of four nationwide classes -- one class for each PBM.... The court determined that it would need to examine the terms of each plan to determine [1] whether each PBM was a fiduciary, [2] if a PBM was a fiduciary, whether the PBM breached its fiduciary duty, and [3] how to measure any losses." [In re: EpiPen ERISA Litig., No. 17-1884 (D. Minn. Aug. 5, 2020).]

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