March 5, 2025
Pharmacy benefit managers Express Scripts and OptumRx urged the Ninth Circuit to move California’s opioid-related lawsuit to federal court, arguing a state court trial would create a circuit split. California alleges the PBMs fueled an illegal opioid market, but PBMs cite federal contracts as grounds for removal. Judges questioned whether public nuisance claims differ from past federal rulings on PBM oversight. The court has taken arguments under consideration.
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