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PBMs Ask Eighth Circuit to Overturn District Court's Refusal to Halt FTC Proceeding
Duane Morris LLP
Nov. 24, 2025 "[J]udges on an Eighth Circuit Court of Appeals Panel briefly questioned the pharmacy benefit managers (PBMs) accused by the [FTC] of artificially inflating insulin prices by rigging the pharmaceutical supply chain in their favor and preventing patients from accessing affordable life-saving drugs. These PBMs are attempting to stop the FTC's internal proceedings against them while the constitutional challenge plays out.... Essentially, the PBMs are arguing that they will be irreparably harmed if their claims are adjudicated in the FTC's internal administrative proceedings instead of federal court." [Express Scripts, Inc., v. FTC, No. 24-1549 (E.D. Mo. Feb. 18, 2025; on appeal to 8th Cir No. 25-1383; oral arg. Nov. 19, 2025)] MORE >> |
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