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ERISA : Medicare –  Preemption –  Arkansas Law

Stephanie Maniscalco//June 15, 2018//

ERISA : Medicare –  Preemption –  Arkansas Law

Stephanie Maniscalco//June 15, 2018//

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Where a pharmaceutical trade association challenged a ruling that an Arkansas statute was not preempted by Medicare Part D and the state challenged the ruling that the statute was preempted by ERISA, the statute was preempted by both, so the judgment is affirmed in part; reversed in part and remanded.

Judgment is affirmed in part; reversed in part; remanded.

Pharmaceutical Care Management Association v. Rutledge (MLW No. 71737/Case No. 17-1609 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Miller, J. (Dean Richlin, Boston, argued for appellant) (Shawn J. Johnson, Little Rock, Arkansas, argued for appellee).

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